Due Process: Barrier Or Bridge? Post-Vijay Karia Shifts In Section 48(1)(B) Enforcement And Global Benchmarks

I. Introduction

Enforcing foreign arbitral awards in India is governed by Part II of the Arbitration and Conciliation Act, 1996 (Arbitration Act), which incorporates the pro-enforcement bias of the New York Convention. Under this framework, Indian Courts will enforce a foreign award unless the resisting party proves the existence of a limited ground for refusal under Section 48. One such ground – the focus of this article – is contained in Section 48(1)(b) of the Arbitration Act, which allows refusal if “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.” This provision encapsulates the due process and natural justice requirement in international arbitration.