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april 2020

Supreme Court of India · 2020-04-22

National Agricultural Cooperative ... vs Alimenta S.A.

Citation / case number
AIR 2020 SUPREME COURT 2681
Court
Supreme Court of India
Petitioner
National Agricultural Cooperative ...
Respondent
Alimenta S.A.
Author
Arun Mishra
Bench
B.R. Gavai, M.R. Shah, Arun Mishra

Judgment text excerpt

The Supreme Court addressed the enforceability of a foreign arbitration award under the Arbitration and Conciliation Act, 1996, particularly in relation to public policy and contractual obligations. The Court held that NAFED's inability to fulfill its export obligations due to government restrictions did not constitute a breach of contract, as per Clause 14 of the Agreement, which included provisions for Force Majeure. The Court ultimately upheld the enforceability of the foreign award, finding no violation of public policy under Section 48 of the Act.

National Agricultural Cooperative ... vs Alimenta S.A. · Niyam