Enforceability Of International Arbitration Awards In India, And Other Recent Changes

I. INTRODUCTION

The enforceability of international arbitral awards in India has been structured and interpreted, over the years, to facilitate a pro-business, pro-arbitration climate in India, and attract international investments into the country. This note attempts to capture the legal framework in India for the enforceability of foreign arbitral awards, based on the fundamental principle of minimal judicial intervention. The Arbitration and Conciliation Act, 1996 ("Act") is the primary legislation that recognises the enforceability of foreign arbitration awards in India. A brief overview of the legislative history in this regard is provided below.

The jurisprudence on the enforceability of foreign awards can be traced back to the Act's predecessor, the Foreign Awards Act, and court judgments made under this legislation. The position of law on this topic has been further refined by way of amendments made to the Act in 2015, and by an ordinance passed on