Case Law Details
CTI Future Corporation Vs Ducgiang Chemical And Detergent Powder Joint Stock Company (Karnataka High Court)
The arbitral award being an international commercial arbitral award is not in dispute, the award being rendered in Singapore is not in dispute, the enforceability of the said award in India is not in dispute in view of the notification issued by the Central Government.
In the peculiar facts and circumstances of the case, would this Court exercise its jurisdiction when both the parties are not connected to India and they are not corporate bodies established within the territorial limits of the Republic of India, more particularly within the territorial limits of this Court.
A foreign award under a New York Convention has been given a special status. India being a signatory to the said New York Convention it is required that all countries which are signatories to the New York Convention enable execution of a foreign arbitral award rendered in a reciprocating country in the event of a property against which the arbitral award is sought to be enforced is situated within the jurisdiction of that particular country.
In this background considering that the above application which is filed under Sections 44 to 52 of the Act of 1996 which deals with New York Convention awards under Chapter I of Part II of the Act of 1996 and the obligations of the Republic of India in terms of Article 51 (c) of the Constitution of India, we are of the considered opinion that this Court could exercise jurisdiction to enforce a foreign award in the event the properties of the respondent against which the enforcement is sought for is situated within the territorial limits of this Court in view of later part of Section 2 (e) (ii) of the Act of 1996 as also later part of the explanation to Section 47(2) of the Act of Hence, the above petition is taken on record.
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