An international commercial arbitration, governed under the arbitration regime of the International Chamber of Commerce, can be seated either in India or in a foreign country. While Part I of the Arbitration & Conciliation Act, 1996 (Indian Act), would govern the enforcement and execution of an Indian seated arbitral award, provisions of Part II of the Indian Act would govern the enforcement of foreign seated awards.
Managing partner
Singhania & Partners
In India, foreign awards are acquiescent under Part II of the Indian Act, which, specifically, is in consonance with the provisions of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) or the Convention on the Execution of Foreign Arbitral Awards 1927 (Geneva Convention).
India is a signatory to both conventions. Section 44 of the Indian Act provides that, for a foreign award to be recognized as such under Part II, Chapter I (New York Convention Awards), certain conditions need to be fulfilled. These conditions are as follows:
- The territory should be signatory to the New York Convention
- The Indian Central Government should have notified in the Official Gazette that it has reciprocal provisions with such
a territory.
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Ravi Singhania is the managing partner and Madhu Sweta is a partner at Singhania & Partners
P-24 Green Park Extension
New Delhi 110016, India
Tel: +91 11 4747 1414
E-mail:
ravi@singhania.in
dipak@singhania.in
www.singhania.cn
