Enforcement Of Foreign Award
Enforcement of Foreign Arbitral Awards in India: D & N Maritime Shipping Law Associates
At D & N Maritime Shipping Law Associates, we specialize in the enforcement of foreign arbitral awards in India. With extensive expertise in arbitration and dispute resolution, our firm provides comprehensive legal assistance to ensure foreign awards are enforced efficiently and effectively in compliance with Indian law.
Under Chapter 1 of Part II of the Arbitration and Conciliation Act, 1996, a foreign arbitral award is enforceable in India when an application is made to a court of appropriate jurisdiction, and the court is satisfied with its enforceability. Once deemed enforceable, the award is treated as a decree of the court.
Expertise in Arbitration and Dispute Resolution
D & N Maritime Shipping Law Associates has a proven track record of successfully handling foreign arbitral award enforcements. Known for being aggressive and result-oriented, our firm is recognized by both international and national credentialing bodies for our effectiveness in dispute resolution.
Our dispute resolution team, led by seasoned experts, is equipped to present complex matters with clarity, making us the preferred choice for both local and international clients.
Frequently Asked Questions on Enforcement of Arbitral Awards in India
1. What happens after the court deems a foreign award enforceable?
Once the court is satisfied that the foreign award is enforceable under Chapter 1 of Part II of the Arbitration and Conciliation Act, 1996, the award is treated as a decree of the court.
2. What are the grounds for refusing enforcement of a foreign award?
Enforcement may be refused if:
- Parties’ Incapacity: One party was under incapacity, or the agreement is invalid under applicable laws.
- Lack of Notice or Opportunity: The party against whom the award is invoked was not given proper notice of arbitration or was unable to present their case.
- Matters Beyond Scope: The award deals with matters beyond the scope of arbitration.
- Arbitral Procedure Issues: The arbitral procedure was not in accordance with the agreement or the laws of the country where arbitration took place.
- Award Not Binding: The award has not become binding or has been set aside by a competent authority.
The court may also refuse enforcement if:
- The subject matter is not capable of arbitration under Indian law.
- Enforcement would contravene public policy in India, including awards influenced by fraud or corruption.
3. What evidence is required for enforcement?
To enforce a foreign award, the applicant must produce:
- The original award or a duly authenticated copy.
- The original arbitration agreement or a certified copy.
- Any necessary evidence proving that the award is a foreign award.
If these documents are in a foreign language, a certified English translation must be provided.
4. What constitutes a foreign award under the New York Convention?
Under Section 44 of the Arbitration and Conciliation Act, 1996, a foreign award refers to an award:
- Arising out of a legal relationship considered commercial under Indian law.
- Made in a country that is a signatory to the New York Convention and has reciprocal provisions with India.
Additional Considerations
Does the Limitation Act apply to arbitration?
Yes, the Limitation Act, 1963 applies to arbitration as it does to court proceedings. The arbitration is deemed to commence when a request for arbitration is made and received by the respondent.
Which court has jurisdiction over arbitration-related applications?
The court where the initial application concerning the arbitration agreement is filed retains exclusive jurisdiction over all subsequent applications.
Does insolvency affect arbitration?
An arbitration agreement remains enforceable during insolvency proceedings if adopted by the receiver. Disputes related to insolvency may be referred to arbitration if directed by a judicial authority.
Does the death of a party terminate the arbitration agreement?
No, the arbitration agreement remains enforceable by or against the legal representatives of the deceased party.