CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN AWARDS IN INDIA
There are two avenues available for the enforcement of Foreign Award in India , the New York Convention and the Geneva Convention .
Under the New York Convention 1958
The first schedule lays down XVI articles relating to the New York Convention on the recognition of foreign arbitral awards.
Section 44 to Section 52 of the Arbritration and concillation Act 1996 deals with foreign awards , passed under the New York Convention .
Under Section 44 of this Act , the expression "foreign award" means an arbitral award on differences between persons arising out of legal relationships , whether contractual or not , considered as commercial under the law in force in India.
Section 45 of this Act states that, the powers of judicial authority to refer parties to arbitration at the request of one of the parties or any person claiming through such party,the reference is made according to the agreement entered into between them.
Section 46 of this Act states that ,when Foreign Award is binding , the Award which would be only enforceable under chapter 1 of part II of this Act shall be treated as binding for all purposes on persons as between whom it was made and may accordingly be ruled on by any of those persons by way of defence, set off or otherwise in any legal proceeding in India and any references in this chapter to enforcing a Foreign Award shall be construed as including references to relying on an award .
Section 47 of this Act states that the method of proceeding the evidence and proof for the enforcement of the Foreign Award.
Section 48 of this Act states the condition for the enforcement of Foreign Awards
- Enforcement of Foreign Award may be refused at the request of a party against whom it is invoked provided that party gives the proof to the court.
- The executing court shall enforce the Award only after it is satisfied that the parties were not under some incapacity ,were given proper notice and that the disputes submitted to the arbritration were not beyond the scope of arbitration agreement.
Section 49 of this Act states that, where the court is satisfied that the Foreign Award is enforceable under the Chapter 1 of part II of the Act, the award shall be deemed to be a decree of the Court.
Section 50 of this Act states about the appeabale orders , the parties have the right to appeal to the Supreme Court against the order passed by appellate court.
Under the Geneva Convention,1927
Section 53 to Section 59 under Arbitration and Concillation Act 1996 deals with Foreign Award , passed under Geneva Convention.
Section 53 of this Act defines Foreign Award , is in the context of Geneva Convention which means an arbitral award on difference relating to matters considered as commercial under the law in force in India , made after July 28, 1924
The said awards can be executed as if it was decree passed by the civil court of original jurisdiction in India as envisaged under section 36 of this Act.
Section 54 of this Act states the power of Judicial Authority to refer parties to Arbitration.
Section 55 of this Act states when Foreign Award is binding
Section 56 of this Act states that the burden of proof is on the party applying for the enforcement of a Foreign Award.
Section 57 of this Act states the condition for the enforcement of Foreign Award
- The subject matter of the Award is capable of settlement by arbitration under the Law of India.
- The Award has been made in pursuance if a submission to arbitration which is valid under the law applicable.
- Enforcement of the Award is not contrary to public policy or the Law of India
Section 58 of this Act states that a Foreign Award is decree when the court is satisfied that the Foreign Award is enforceable under Chapter II of part II of this act.
Section 59 of this Act is similar to provision of Section 50 of this Act under New York Convention.