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Foreign Arbitral Award – Enforcement in India – Scope of Interference

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Foreign Arbitral Award – Enforcement in India – Scope of Interference

Objections to the enforcement of the foreign arbitral award exclude do not include objections on the merits of the dispute as provided under Explanation 2 to Section 48(2) of the Arbitration Act.

The impugned awards have withstood the judicial scrutiny before the curial Courts of Malaysia and the respondent cannot seek the High Court to decide the merits of the dispute because it disagrees with the majority of the AT’s interpretation.

Enforcement Court cannot re-examine merits of the foreign arbitral awards.

Objections to the enforcement of the foreign arbitral award must fit narrow grounds like incapacity, invalid agreement, lack of notice, excess of jurisdiction, violation of fundamental policy & morality.

Judgment dated 1.7.2026 of the High Court of Delhi in O.M.P. (EFA)(COMM) 5/2017 of Vedanta Limited and another  Vs.  Government of India through Jt Secretary Ministry of Petroleum and Natural Gas with connected matters.

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