Supreme Court of India · 2020-04-22
NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA vs ALIMENTA S.A.
- Citation / case number
- SC 2010/37543
- Court
- Supreme Court of India
- Petitioner
- NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA
- Respondent
- ALIMENTA S.A.
- Author
- HON'BLE MR. JUSTICE ARUN MISHRA
- Bench
- HON'BLE MR. JUSTICE ARUN MISHRA, HON'BLE MR. JUSTICE M.R. SHAH, HON'BLE MR. JUSTICE ANIRUDDHA BOSE
Judgment text excerpt
The Supreme Court addressed the enforceability of a foreign arbitration award under the Arbitration and Conciliation Act, 1996, specifically examining whether NAFED's inability to fulfill its contractual obligations due to government restrictions constituted a breach of contract. The Court held that the enforcement of the award was not against public policy, as the contractual terms included a Force Majeure clause that excused performance under certain conditions. The Court ultimately upheld the enforceability of the foreign award, affirming the lower court's decision.