Case Law Analysis
|Bombay High Court
Enforcement of Foreign Arbitral Awards Under Section 48 of Arbitration Act | Party Autonomy Overrides Conflicting Clauses : Bombay High Court
The Bombay High Court enforced five foreign arbitral awards despite conflicting arbitration clauses, holding that party autonomy and commercial pragmatism prevail over technical defects under Section 48 of the Arbitration and Conciliation Act, 1996. The ruling underscores that Indian courts will not refuse enforcement merely on procedural discrepancies if the awards align with the parties' substantive intent. This decision reinforces the pro-enforcement stance under the Act, benefiting international commercial arbitration stakeholders.