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november 2018

Supreme Court of India · 2018-11-14

P.E.C. LIMITED THROUGH ITS GENERAL MANAGER vs AUSTBULK SHIPPING SDN BHD

Citation / case number
SC 2005/7070
Court
Supreme Court of India
Petitioner
P.E.C. LIMITED THROUGH ITS GENERAL MANAGER
Respondent
AUSTBULK SHIPPING SDN BHD
Author
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE L. NAGESWARA RAO, HON'BLE MR. JUSTICE R. SUBHASH REDDY

Judgment text excerpt

The Supreme Court upheld the enforcement of a foreign arbitral award under the Arbitration and Conciliation Act, 1996, specifically referencing Section 34 and Section 48. The Court established that non-participation in arbitration proceedings does not invalidate the award, and the Appellant's failure to appoint an arbitrator or respond adequately does not provide grounds for setting aside the award. The Court affirmed the High Court's decision to execute the award, thereby confirming the Respondent's entitlement to the awarded amount of US $150,362.18.

P.E.C. LIMITED THROUGH ITS GENERAL MANAGER vs AUSTBULK SHIPPING SDN BHD · Niyam