In the field of private international law, courts generally refuse to apply a rule of foreign law or recognize a foreign judgment or a foreign arbitral award if it goes against the accepted public policy of the country in which a party seeks to invoke it or an order to enforce it.
Like many other countries around the world, India has rules that underline the importance of the country’s own stated public policy.
Section 48(2)(b) of the Arbitration and Conciliation Act, 1996, specifies that the enforcement of a foreign arbitral award may be refused if the court finds that the enforcement of such an award is contrary to the public policy of India.
Titus & Co Advocates is a full service law firm based in New Delhi. The firm can be contacted at titus@titus-india.com.
Titus & Co
Titus House
R-77A Greater Kailash-I
New Delhi – 110 048
India
Tel: +91 11 2647 5800, 2647 0700, 2628 0100
Fax: +91 11 2648 0300, 2648 9950
Email: titus@titus-india.com; titusco@vsnl.com
