Court Cannot Go Into Merits While Enforcing Foreign Award U/S 48 Of Arbitration Act: Bombay High Court

The Bombay High Court ruled that courts cannot examine the merits of a case while enforcing a foreign arbitral award under Section 48 of the Arbitration and Conciliation Act. The case involved a challenge to the enforcement of an international arbitration award on the grounds of alleged substantive violations. The court clarified that the scope of review under Section 48 is limited to procedural and jurisdictional issues, not the merits of the dispute. This decision reinforces the principle of minimal judicial intervention in arbitration, promoting efficiency and finality in cross-border dispute resolutions. The ruling is a significant step in aligning Indian arbitration practices with international standards, encouraging foreign investors to utilize India as an arbitration-friendly jurisdiction.