The current judicial climate in India fosters a "minimal
interference" model for courts, when it comes to matters of
arbitration. Be it domestic or international arbitrations, the
Supreme Court is making every effort to ensure that courts do not
interfere with the arbitral process, without good reason. India is
therefore bringing its arbitration regime in line with
international practice, which over the years has radically shifted
in favour of respecting and preserving the autonomy of the arbitral
process.
In one of its recent judgments, in the case of Vijay Karia
& Ors. v. Prysmian Cavi E Sistemi SRL & Ors.,1 (Prysmian) the
Supreme Court has cautioned Courts against enthusiastically
interfering with enforcement of foreign arbitral awards. In doing
so, the bench of Justice R.F. Nariman, Justice Aniruddha Bose and
Justice V. Ramasubramanian has discussed the scope of Section 48 of
the Arbitration and Conciliation Act, 1996 (Arbitration
Act) and jurisdiction of the
