ISSUE:
"Whether the Indian Supreme Court's extensive review of the merits of the foreign arbitral award in the NAFED case aligns with the pro-enforcement bias stipulated in Section 48 of the 1996 Act and the New York Convention's principles of minimal judicial intervention?"
Whether a violation of India's export policy can legitimately be regarded as a violation of public policy under Section 48 of the 1996 Act, and whether this broader interpretation may lead to increased difficulties in enforcing foreign arbitrary judgments in India?"
RULE:
Section 7(1)(b)(ii) of the Foreign Awards (Recognition and Enforcement) Act, 1961 (now Section 48(2)(b) of the Arbitration and Conciliation Act, 1996), which allows for the refusal of enforcement of foreign arbitral awards on grounds of public policy, is one of the important legal provisions.