INDIAN JUDICIARY AND THE ENFORCEMENT OF FOREIGN ARBITRAL AWARD
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Abstract
The border separating the jurisdiction for enforcing foreign awards and the jurisdiction for contesting them is hazy. This distinction becomes crucially important in light of the important topics to be covered in this note, such as whether the current conventions' structure permits the Challenging Jurisdiction of convention awards to be considered concurrent between the "territory where the award is relied upon" and the "territory where the award is enforced"; what are the current Challenging Jurisdiction under the Arbitration and Conciliation Act and its interpretation under This note addresses these issues and makes an effort to delve into the elements that hinder the successful conclusion of the arbitration process and the enforcement of awards in India. It also emphasises the need to reduce excessive court involvement so that the goals of arbitration as a form of alternative dispute resolution are realised.
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