India—Supreme Court refuses enforcement of foreign arbitral award finding underlying contract void (National Agricultural Cooperative Marketing Federation of India v Alimenta)

Table of contents

• What are the practical implications of this decision?
• What was the background to this decision?
• What did the court decide?
• Why is the decision of interest?
• Case details

Article summary

Arbitration analysis: In a case relating to an international commercial arbitration seated in London, the Supreme Court of India ruled that when the underlying contract is rendered void as a result of the operation of a contingency event contemplated by the contract, the enforcement of an arbitral award upholding such a contract would be contrary to the public policy of India. Vyapak Desai, Head of the International Dispute Resolution and Investigations at Nishith Desai Associates, Kshama Loya and Bhavana Sunder, members of the team, discuss this decision.