Enforcement of arbitral award - Against Foreign State - Prior consent of Central Government is not necessary under S.86(3) of CPC to enforce arbitral award against Foreign State

Citation

AIROnline 2021 Del 864

Delhi High Court

J. R. MIDHA , J.

OMP (ENF) (COMM) - 82 of 2019 D/- 18 - 6 - 2021

KLA CONST TECHNOLOGIES PVT. LTD. v. EMBASSY OF ISLAMIC REPUBLIC OF

AFGHANISTAN

(A)Arbitration and Conciliation Act (26 of 1996), S.36 - Civil P.C. (5 of 1908), S.86(3) -

Enforcement of arbitral award - Against Foreign State - Prior consent of Central Government is

not necessary under S.86(3) of CPC to enforce arbitral award against Foreign State - As well as

Foreign State cannot claim Sovereign Immunity against enforcement of arbitral award arising

out of commercial transaction.

 (Para 44 , 50)