NAFED V. ALIMENTA: DEPARTURE FROM JUDICIAL TREND AND SETBACK TO ENFORCEMENT REGIME

Abstract

This article briefly examines the statutory provisions and judicial trend towards enforcement of foreign award. The Article focuses on how the most recent judgment of the Supreme Court in the case of NAFED v. ALIMENTA[1] is a complete departure from the judicial trend and in conflict with another recent judgment of the co-ordinate bench in Vijay Karia v. Prysmian[2], and a setback to the regime of enforcement of foreign award in India. Article 51 of Constitution of India, stipulates that the State shall endeavour to encourage settlement of international disputes by arbitration.