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ARTICLE · 15 FEBRUARY 2018

An appeal against the execution of a foreign arbitration award is not maintainable under Commercial Courts Act

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A Division Bench comprising Justice R. F. Nariman and Justice Navin Sinha has in a recent decision in Kandla Export Corporation & Anr. v M/s OCI Corporation & Anr.

IndiaLitigation, Mediation & Arbitration
Naval Sharma
Naval Sharma
Saket Satapathy
Saket Satapathy
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A Division Bench comprising Justice R. F. Nariman and Justice Navin Sinha has in a recent decision in Kandla Export Corporation & Anr. v M/s OCI Corporation & Anr.[[1]] held that the provision for appeal, as provided under §13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act, 2015 ('Commercial Courts Act') could not be invoked to challenge an order allowing the execution of foreign arbitration award.

Facts:

Disputes arose between Kandla Export Corporation ('Kandla') and M/s OCI Corporation ('OCI'), and were settled by way of a foreign arbitration award dated 28 April 2014 in favour of OCI. The execution application filed by OCI was allowed by the Commercial Division in the High Court of Gujarat.

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