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.