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.