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ARTICLE · 13 JULY 2022

Public Policy And Arbitrability Challenges To Enforcement Of Foreign Arbitral Awards In India

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Arbitration is a tool to settle disputes expeditiously by subverting the dispute resolution mechanism from municipal courts to a seat of arbitration.

IndiaLitigation, Mediation & Arbitration
Nihit Nagpal
Nihit Nagpal
Anuj Jhawar
Anuj Jhawar
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Arbitration is a tool to settle disputes expeditiously by subverting the dispute resolution mechanism from municipal courts to a seat of arbitration. Section 44 of the Arbitration and Conciliation Act, 1996 defines a 'foreign award' as an arbitral award arising out of disputes or differences between persons bound by legal relationships, whether contractual1 or not, considered as commercial under the domestic law of India. Further, this award must have been issued by a state notified through the Official Gazette of the Central Government as a reciprocating country. Part II of the 1996 Act exclusively deals with the enforcement of a foreign arbitral award which is governed by the Convention on Recognition and Enforcement of Foreign Arbitral Awards, 1958 ('New York Convention') under Chapter 1; and Chapter II is based on the Geneva Convention, 1927. These conventions have become applicable by virtue of India being a signatory to them. There are currently 48 countries

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