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ARTICLE · 24 JUNE 2020

"Two-Tier" Arbitration: Progress In Enforcement Of International Arbitral Awards In India

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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Here is reason for hope for those who face with trepidation the prospect of enforcing an international arbitration award in India.

IndiaLitigation, Mediation & Arbitration
Mintz, Levin, Cohn, Ferris, Glovsky And Popeo, P.C
Mintz, Levin, Cohn, Ferris, Glovsky And Popeo, P.C
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Here is reason for hope for those who face with trepidation the prospect of enforcing an international arbitration award in India. On June 2, 2020, the Supreme Court of India ("ISC") confirmed the enforceability there of a foreign arbitral award that was rendered in accordance with a "two-tier arbitration" agreement. See Centrotrade Minerals & Metals, Inc. v. Hindustan Copper Limited Ltd., Civil Appeal No. 2562 of 2006 (Sup. Ct. India). Among other things, the court rejected the dreaded catch-all "Indian public policy" defense as raised by the respondent. This is the latest in what seems to be a trend of pro-arbitration enforcement decisions by the ISC, and may help to alleviate some of the many anxieties concerning the enforceability generally of international arbitral awards in India.

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