Case Law Analysis
|Delhi High Court
Section 48 & 49 Arbitration Act | Unenforceable Foreign Award Does Not Merge Cause of Action Under Order VII Rule 11 CPC : Delhi HC
The Delhi High Court ruled that a foreign arbitral award, even if unenforceable under Sections 48 and 49 of the Arbitration Act, does not extinguish the underlying civil cause of action. This means plaintiffs may still pursue recovery through a fresh suit, preventing litigants from being trapped by unenforceable awards and preserving access to judicial remedies under the CPC.