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Appeal Against Execution Of Foreign Arbitration Award Not Maintainable Under Commercial Courts Act

The Supreme Court has held in KANDLA EXPORT CORPORATION vs M/S. OCI CORPORATION  that appeal provided under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act 2015 cannot be invoked to challenge order allowing execution of foreign award. The division bench comprising Justice R.F Nariman and Justice Navin Sinha held that appeals in respect of arbitration proceedings are exclusively governed by the Arbitration & Conciliation Act 1996, and if no appeal is provided under the Arbitration Act then appeal provision under the Commercial Courts Act cannot be availed in respect of arbitration proceedings merely on the ground that the order was passed by Commercial Division of the High Court.

 Article referred: http://www.livelaw.in/appeal-execution-foreign-arbitration-award-not-maintainable-commercial-courts-act-holds-sc-read-judgment/


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