ELP Arbitration Weekly Update


Litigation, Arbitration & Dispute Resolution

180209 ELP Arbitration Weekly Update

This week, we have analyzed the Supreme Court’s recent ruling in Kandla Export Corporation & Anr. v. OCI Corporation & Anr.    

The issue which arose for consideration before the Supreme Court was when an order enforcing a foreign award is passed by the Commercial Division of the High Court, would an appeal against such order be maintainable before the Commercial Appellate Division of the High Court, given that Section 50 of the Arbitration and Conciliation Act, 1996 (“Act”) does not permit an appeal from an order enforcing a foreign award.

The SC held that the “appeal has to be adjudicated within the parameters of Section 50 alone. Concomitantly, where Section 50 excludes an appeal, no such appeal will lie” before the Commercial Appellate Division under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (“Commercial Courts Act”). The SC held in favor of OCI and dismissed the appeal.

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