The Supreme Court, in its recent judgment allowed enforcement of a foreign arbitral award in favour of centrotrade, thereby ending the long saga between Centrotrade Minerals and Metals Inc v. Hindustan Copper Ltd.
Three judge bench comprising of Justices Rohinton Nariman, S Ravindra Bhat, V Ramasubramanian decided the matter of Centrotrade Minerals and Metals Inc v. Hindustan Copper Ltd. The issue in this matter was whether Hindustan Copper was unable to present its case under Article V(1)(B) of the New York Convention and whether ex parte award could at all be enforced in India. On findings the Court was satisfied that adequate opportunities were given to Hindustan Copper to present its case. Therefore, the Court considered authorities all over the world and on June 2 held that the award would be enforceable in India
In this case, Centrotrade was led by Senior Advocate Gourab Banerji, Siddharth Bhatnagar and were instructed by M/s Karanjawala and Co. Hindustan Cooper were led by Senior Advocate Harin Raval and was told by Advocate Nandini Sen Mukherjee.
(By – Siddharth Addy)
IJOSLCA (ISSN : 2582-872X) 