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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.

NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA vs ALIMENTA S.A. · Niyam