Originally from Dispute Resolution Journal

India’s Supreme Court decision in the Global Ventures case makes foreign arbitration awards subject to a set-aside action under the domestic provisions of India’s Arbitration Act, unless the parties clearly opt out of these provisions in their arbitration agreement.

In 2001, in Fuerst Day Lawson Ltd. v. Jindal Exports Ltd.,1 the Supreme Court of India reached an enforcement-friendly decision that eliminated the need for a prevailing party in arbitration to file two separate proceedings—one for enforcement of a foreign award and the other to execute on the award. However, the Court has become more interventionist and its recent decisions allow more judicial challenges to foreign arbitral awards under India’s Arbitration & Conciliation Act 1996 (the 1996 Act)2 on the ground that they violate the public policy of India.