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Pt 1: Indian Public Policy Enabling Foreign Award Enforcement

The aforesaid statement [1] depicts the elusive nature of ‘public policy’ in legal proceedings that draw upon its presence in statute, conventions and legal systems. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“ New York Convention”) is a critical international convention that gives room for public policy considerations while assessing enforcement of a foreign arbitral award (foreign award). Article V(2)(b) of the New York Convention states: “(V)(2) Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that: (a) The subject matter of the difference is not capable of settlement by arbitration under the law of that country; or

Supreme Court Monthly Digest: March 2021 [74 SC Judgments] [Citation LL 2021 SC 118 To LL 2021 SC 192]

A Bench comprising of Navin Sinha and KM Joseph observed that an application under Section 34 of the Arbitration and Conciliation Act to set aside an award is covered by moratorium under Section 14 of the Insolvency and Bankruptcy Code. Section 34 proceeding is a proceeding against the corporate debtor in a court of law pertaining to a challenge to an arbitral award and would be covered just as an appellate proceeding in a decree from a suit would be covered, the bench headed by Justice RF Nariman observed in the judgment titled P Mohanraj & Ors. v. M/s Shah Brothers Ispat Ltd.

Interview: AS Panneerselvan on Tamil politics and the disadvantages faced by regional parties

Interview: AS Panneerselvan on Tamil politics and the disadvantages faced by regional parties The author of a new biography of M Karunanidhi talks about the complexities in negotiating with a homogenising Centre. The Hindu’s Readers’ Editor and the author of Karunanidhi: A Life, a recent biography of former Tamil Nadu Chief Minister M Karunanidhi, who led the Dravida Munnetra Kazhagam for half a century till his death in August 2018. While the book is presented as a biography of a political leader, it is also a tale of the Dravidian movement, whose political offshoots have ruled Tamil Nadu for over 50 years. The story of Karunanidhi’s political journey animates certain important characteristics that Tamil Nadu has come to be identified with: federalism, state autonomy, secularism and social justice.

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