Dispute Resolution Hotline
February 10, 2025
Supreme Court clarifies principles applicable for conversion of amounts in arbitral awards expressed in foreign currency

This article was first published in www.lexology.com (February, 06, 2025).


As international dispute resolution continues to grow, the impact of currency fluctuations and exchange rate variations on the enforcement of foreign awards becomes increasingly significant. Courts and arbitration tribunals frequently issue rulings and awards in foreign currencies, which is usually sought to be converted to Indian Rupee (INR) in execution proceedings in India. Due to fluctuating exchange rates, the precise amount owed in INR can remain uncertain even after the award is issued. Typically, Indian award debtors seek a conversion date when the rupee is stronger, whereas foreign award recipients would favor a date when their respective currency is stronger. In the case of DLF Ltd. (formerly known as DLF Universal Ltd.) & Anr. v. Koncar Generators & Motors Ltd.[1] (“DLF Case”), the Supreme Court addressed two pivotal questions concerning the enforcement of arbitral awards expressed in foreign currency and their conversion to INR.

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Authors

Soumya GulatiNishanth Kadur and Arjun Gupta

You can direct your queries or comments to the relevant member.


Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

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Dispute Resolution Hotline

February 10, 2025

Supreme Court clarifies principles applicable for conversion of amounts in arbitral awards expressed in foreign currency


This article was first published in www.lexology.com (February, 06, 2025).


As international dispute resolution continues to grow, the impact of currency fluctuations and exchange rate variations on the enforcement of foreign awards becomes increasingly significant. Courts and arbitration tribunals frequently issue rulings and awards in foreign currencies, which is usually sought to be converted to Indian Rupee (INR) in execution proceedings in India. Due to fluctuating exchange rates, the precise amount owed in INR can remain uncertain even after the award is issued. Typically, Indian award debtors seek a conversion date when the rupee is stronger, whereas foreign award recipients would favor a date when their respective currency is stronger. In the case of DLF Ltd. (formerly known as DLF Universal Ltd.) & Anr. v. Koncar Generators & Motors Ltd.[1] (“DLF Case”), the Supreme Court addressed two pivotal questions concerning the enforcement of arbitral awards expressed in foreign currency and their conversion to INR.

Please click here for our detailed article.

 

Authors

Soumya GulatiNishanth Kadur and Arjun Gupta

You can direct your queries or comments to the relevant member.


Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.