Can Foreign Arbitral Award Be Challenged in India on Grounds Rejected by Seat Court? Supreme Court Explains ‘Transnational Issue Estoppel’

The Supreme Court of India has held that enforcement of a foreign arbitral award under Section 48 of the Arbitration and Conciliation Act, 1996 cannot be blocked on the ground of public policy if the issue has already been finally decided by the seat court. The bench, comprising Justices Sanjay Kumar and K. Vinod Chandran, emphasized that Indian courts cannot re-examine the merits of the award under the guise of…