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 delve into the merits of a foreign arbitral award while enforcing it under Section 48 of the Arbitration and Conciliation Act. The petitioner sought to challenge the enforcement on substantive grounds, alleging errors in the award. The court rejected the plea, emphasizing that the Act limits courts to examining procedural compliance, public policy violations, or incapacity of parties. This judgment underscores India's commitment to the pro-enforcement bias of the New York Convention, ensuring that foreign arbitral awards are upheld unless they contravene defined statutory exceptions. It also highlights the judiciary's role in fostering a favorable environment for international arbitration in India.