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Public Policy: The Double Edged Sword in Enforcement Proceedings

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Bhavana Sundar, Payel Chatterjee and Vyapak Desai The District Court of Columbia in recent proceedings between Hardy Exploration & Production (India) Inc. (“HEPI”) v. Government of India (Ministry of Petroleum and Natural Gas),[1] have witnessed fervent debates on enforcement of arbitral award and its far-reaching impact across jurisdictions. Factual Background Contractual relationship between the parties, HEPI and Union of India (“UOI”) was governed through a production sharing contract (“PSC”) entered in November, 1996 for the extraction, development and production of hydrocarbons in a geographic block in India (“Block”). Disputes arose between the parties, which were subsequently referred to arbitration pursuant […]

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