An application was brought to recognize and enforce a foreign arbitral award arising from a contractual dispute involving the supply of agricultural seeds.
The respondent argued the arbitrator exceeded jurisdiction by ordering repayment of a partial payment after finding both parties had breached the contract and by applying equitable principles outside the contractual terms.
The court held the arbitration clause contemplated disputes relating to breaches of the contract and permitted equitable solutions under the governing arbitration rules.
The arbitrator acted within jurisdiction, and none of the refusal grounds under Article 36 of the International Commercial Arbitration Act were established.
The arbitral award was therefore recognized and enforced.
