The enforcement of Foreign Award is subject to certain conditions. Explain this statement.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2022
The enforcement of Foreign Award is subject to certain conditions. Explain this statement.

Answer & Explanation:

Yes, it is true that the enforcement of Foreign Award is subject to certain conditions. These conditions are provided in section 48 of Arbitration and Conciliation Act, 1996 (the Act) for New York Convention Awards and section 57 of the Act for Geneva Convention Awards. Conditions for Enforcement of Foreign Awards Section 48 of the Arbitration and Conciliation Act, 1996 enumerates the conditions for enforcement of foreign awards for New York Convention Awards and provides that the party, against whom the award is invoked, may use one or more of the following grounds for the purpose of opposing enforcement of a foreign award, namely, the parties to the agreement referred to in section 44 were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: Provided that, if the decisions on matter submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be enforced; or the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made; or the subject-matter of the difference is not capable of settlement by arbitration under the law of India; or the enforcement of the award would be contrary to the public policy of India. Section 57 of the Act which provides for the Conditions for enforcement of foreign awards in case of Geneva Convention states that in order that a foreign award may be enforceable under part II Chapter I, it shall be necessary that: the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto; the subject-matter of the award is capable of settlement by arbitration under the law of India; the award has been made by the arbitral tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure; the award has become final in the country in which it has been made, in the sense that it will not be considered as such if it is open to opposition or appeal or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending; the enforcement of the award is not contrary to the public policy or the law of India.

Topics: Arbitration and Conciliation Act, 1996

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