- Introduction: The Practical Reality of Enforcing
Foreign Arbitral Awards in India
India's arbitration jurisprudence has, over the last two
decades, steadily evolved towards a pro-enforcement regime,
particularly in the context of foreign arbitral awards.
The Arbitration and Conciliation Act, 1996 ("Arbitration
Act"), which incorporates India's obligations under
the New York Convention, reflects a legislative intent to minimise
judicial interference and facilitate enforcement of foreign awards
with limited scrutiny.
Indian courts, including the Supreme Court and several High
Courts, have repeatedly reiterated that objections to enforcement
under
Section 48 of the Arbitration Act are narrow, restrictive, and
incapable of reopening the merits of the dispute. Yet, despite this
settled legal position, enforcement proceedings are not entirely
insulated from the systemic delays that continue to affect the
Indian judicial system.
