Enforcing Foreign Arbitral Awards In India- Is The Tide Turning?

Enforcing a foreign arbitral award in another jurisdiction may become a long and tedious process, where the Award Holder may be required to cross hurdles created by domestic laws of the country. Although India has adopted the UNCITRAL Model Law, the Legislature has been amending the Indian Arbitration and Conciliation Act, 1996 ('Arbitration Act') from time to time. The enforcement process can become cumbersome and protracted in India, since the statute provides for an appeal before the jurisdictional Court and special leave to appeal before the Supreme Court of India. However, the tide has been turning into a favorable one, where the Courts do not sit over an award as an Appellate Court but as an Enforcing Court.