INTERNATIONAL NUT ALLIANCE LLC Vs. JOHNS CASHEW COMPANY

JUDGEMENT

(1.) This arbitration appeal is directed against the judgment dated 28.02.2019 in E.P.(ICA) No.1 of 2018, in terms of which the learned Single Judge dismissed an application instituted by the appellant against the respondent for enforcement of a foreign arbitral award. Documents are referred to in this judgment, as they appear in the proceedings from which the appeal arises.

(2.) The undisputed facts are the following:

(3.) The respondent filed objections to the application for enforcement of the arbitral award contending, among others, that the AFI was never appointed by the parties to the contract as the arbitral institution to resolve the disputes arising out of the contract; that the appellant has altered the contract by striking off the name of the institution CENTA shown therein as the arbitral institution and mentioning the name of the institution, the AFI in its place, without the knowledge or consent of the respondent and that since the making of the award is induced and affected by fraud, the award is not enforceable. It was also contended by the respondent in their objections that even assuming that there is a contract between the parties to submit to the arbitration of the AFI, since they were not given any opportunity to challenge the composition of the arbitral tribunal and since the arbitral proceedings was not even in accordance with the rules of the AFI, the award is not enforceable.