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

Kaveri Pharma resists enforcement of a Geneva Convention award in India. It proves that, under the law governing the arbitration procedure, there is a ground entitling it to contest the award's validity. That ground is not about submission validity, notice or scope of submission. Which course is open to the Court?

The Court may, if it thinks fit, either refuse enforcement or adjourn consideration, giving Kaveri a reasonable time to have the award annulled by the competent tribunal. The ground arises under the law governing the arbitration procedure, and the Court's power is discretionary.

  1. AIt must enforce the award because the ground is outside the listed refusals
  2. BIt may, if it thinks fit, refuse enforcement or adjourn, giving Kaveri reasonable time to have the award annulled by the competent tribunalCorrect
  3. CIt must refuse enforcement at once without any adjournment
  4. DIt must transfer the award to the Central Government for review

Explanation

Section 57(3) covers a further ground, other than those in 57(1)(a) and (c) and 57(2)(b) and (c), to contest validity under the procedural law. The Court may, if it thinks fit, refuse enforcement or adjourn to give reasonable time to get the award annulled. It is discretionary, so 'must refuse' is wrong.

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