The Arbitration and Conciliation Act, 1996, (AC Act) provides a legal framework for the enforcement of foreign arbitral awards given in countries that are signatories to either the 1927 Convention on the Execution of Foreign Arbitral Awards or the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards – better known as the Geneva Convention and the New York Convention.
Associate
Titus & Co
One of the requirements for the enforcement of a foreign arbitral award in Indian courts is that it is made in accordance with either one of those two conventions.
The Supreme Court of India in the case of Bhatia International v Bulk Trading, AIR 2002 SC 1432, has held that an arbitration award not made in a convention signatory country will not be considered as a foreign award and, as such, will require a separate action to be filed on the basis of the award.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。
Nishant Malhotra is an associate at Titus & Co. He can be contacted at nmalhotra@titus-india.com. Titus & Co Advocates is a full service law firm based in New Delhi. The firm can be reached at titus@titus-india.com.
Titus & Co
Titus House
R-77A Greater Kailash-I
New Delhi – 110 048
India
Tel: +91 11 2647 5800, 2647 0700, 2628 0100
Fax: +91 11 2648 0300, 2648 9950
Email: titus@titus-india.com; titusco@vsnl.com
