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ARTICLE · 25 SEPTEMBER 2012

Dispute Resolution Issues In Indian Cross-Border Transactions

Jones Day
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In February, we disseminated a Commentary discussing challenges parties to Indian cross-border transactions face when they invoke contractual dispute resolution clauses.

IndiaCorporate/Commercial Law
Mike Pollen
Mike Pollen
Geoffrey Stewart
Geoffrey Stewart
Karthik Kumar
Karthik Kumar
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In February, we disseminated a Commentary discussing challenges parties to Indian cross-border transactions face when they invoke contractual dispute resolution clauses.1 Among other things, we wrote that enforcement of foreign arbitral awards faced unique hurdles in India. Fortunately, at least two of these impediments have been eased.

Enforcement of Arbitral Awards

Arbitration in India is governed by the Arbitration and Conciliation Act, 1996. Part I of the Act regulates arbitration that is held within India (including international arbitration held in India) and the enforcement of domestic Indian arbitral awards. Part II deals with enforcement of foreign arbitral awards in commercial cases and implements the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

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