ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN INDIA – CURRENT ISSUES AND CHALLENGES
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Abstract
This research paper is concerned with the enforcement of Foreign Arbitral Awards under the
relevant regimes in India, both local and International. The easy enforceability of arbitration
awards is considered one of the main factors in the success of International Commercial
Arbitration. This paper not only attempts a comprehensive analysis of requirement and
procedures for recognition and enforcement of foreign awards in India but also evaluate
whether Indian laws and practice comply with best International practice standards especially
embodied in the New York Convention 1958 on enforcement of foreign arbitral awards. This
research work comprises five Parts. The first part examines the legal framework and provides
a brief history of rules governing arbitration and enforcement of foreign arbitral awards.
Chapter two looks at general principles governing the enforcement of foreign arbitral awards.
Part three covers jurisdiction in the enforcement of arbitration awards in India. Part four
examines procedural steps required by each state for enforcement of an award, looking
particularly at the import of relevant international conventions on other issues. Part five deals
with the limitations in the enforcement of foreign arbitral awards. The concluding chapter deals
with a summary of all the problems and suggests a common way forward for the legal system
of the state in dealing with these issues. There needs to be a lot to be done in the area of
arbitration concerning foreign awards. The Act itself needs a review and the precedent set up
by the courts are somewhat perplexing. The enforcement of foreign awards requires
cooperation at both national and international levels. There needs to strike a balance between
the New York Convention and the Arbitration & Conciliation Act of 1996.
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