Enforcement Of Foreign Arbitration Award In India

Abstract

In India, the enforcement of foreign awards  are guided by both  the Arbitration and Conciliation Act of 1996 and the Code of Civil Procedure of 1908. An arbitral award  is a decision (judgement) made by a group of arbitrators, whether they are resolving a dispute within a country or internationally. These decisions includes any temporary decisions made during the process etc.

With regards to implementing foreign arbitral awards in India, it falls under Part II of the Arbitration and Conciliation Act of 1996. This enforcement can be done either under the rules of the New York Convention or under the Geneva Convention. The Arbitration and Conciliation Act of 1996 was created in the direction of the Model Law on International Commercial Arbitration by the United Nations Commission on International Trade Law (UNCITRAL). Foreign arbitral awards India is signatory of both the New York Convention and the Geneva Convention concerning the recognition and execution of foreign arbitral awards. At the point when the party receives a award from a country that is a signatory of either of above said Conventions, and the award rises from a jurisdiction of that country then it is termed as a convention country by India, it becomes enforceable within India.