Enforcement of Certain Foreign Awards
A Navi Mumbai exporter signs a supply contract with a buyer in Singapore, and the contract says any dispute goes to arbitration in London. Two years later the London tribunal rules for the exporter, but the buyer's money and stock are in Mumbai and Pune. The award is a piece of paper from a foreign seat, so how does an Indian court turn it into something a bailiff can act on? Part II of the Arbitration and Conciliation Act, 1996 gives the answer, and it gives two separate routes: one for New York Convention awards and one for Geneva Convention awards.
In two minutes
A foreign award covered by Part II of the Arbitration and Conciliation Act 1996 is enforced in India by proving it is a foreign award (s.47), showing none of the narrow refusal grounds in s.48 applies, and then having the court treat it as a decree (s.49).
The rest of this chapter
The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Practical Training – II: Alternate Dispute Resolution on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.