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CS Professional · Arbitration, Mediation and Conciliation · International Law of Arbitration

Baltic Traders Ltd, a company in a notified reciprocal territory, obtained an award against Sundaram Exports Pvt Ltd, an Indian company. Baltic applies to an Indian court for enforcement. Sundaram argues that the arbitration agreement was not valid under the law the parties had chosen to govern it. Under Section 48 of the Act, who must furnish proof of this ground?

Sundaram Exports, the party resisting enforcement, must furnish proof. Section 48(1) allows refusal only at the request of the party against whom the award is invoked, and only when that party proves a listed ground such as invalidity of the arbitration agreement under the governing law.

  1. ABaltic Traders Ltd, as the party seeking enforcement
  2. BSundaram Exports Pvt Ltd, as the party against whom the award is invokedCorrect
  3. CThe arbitral tribunal that made the award
  4. DThe Central Government through a notification

Explanation

Section 48(1) says enforcement may be refused only at the request of the party against whom the award is invoked, and only if that party furnishes proof of the listed grounds. Invalidity of the agreement under the chosen law is one such ground. The burden lies on Sundaram, not on Baltic.

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