Law4u - Made in India

What is the process for enforcing a foreign arbitral award in India?

08-May-2024
Arbitration

Answer By law4u team

Enforcing a foreign arbitral award in India involves a legal process governed primarily by the Arbitration and Conciliation Act, 1996, and also international conventions to which India is a party. Here's an overview of the process: Recognition of Foreign Award: Before enforcing a foreign arbitral award in India, the award must be recognized as a valid and binding award. The party seeking enforcement must file a petition before the appropriate court (usually a high court) seeking recognition of the foreign award. Grounds for Refusal: The court will examine the petition for recognition of the foreign award and may refuse to recognize it if it finds any of the grounds for refusal under Section 48 of the Arbitration and Conciliation Act, 1996. These grounds include incapacity of the parties, invalidity of the arbitration agreement, lack of proper notice, or contravention of the public policy of India. Filing for Enforcement: Once the foreign award is recognized by the court, the party seeking enforcement can file a petition for enforcement. The petition must be accompanied by the original or duly authenticated copy of the foreign award and the original arbitration agreement or a duly certified copy. Enforcement Proceedings: Upon filing the petition for enforcement, the court will examine the petition and may issue a notice to the opposite party. If there are no grounds for refusal and the court is satisfied with the validity of the foreign award, it will proceed with the enforcement. Judgment and Execution: If the court grants the petition for enforcement, it will pass a judgment enforcing the foreign award. The judgment has the same force and effect as if it were a decree of the court. The party seeking enforcement can then proceed with execution proceedings to recover the amounts awarded under the foreign award. Appeal: Parties aggrieved by the decision of the court regarding recognition or enforcement of a foreign award may appeal to a higher court within the stipulated timeframe. It's important to note that India is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Geneva Convention on the Execution of Foreign Arbitral Awards. These conventions provide a framework for the recognition and enforcement of foreign arbitral awards in India and facilitate international arbitration proceedings.

Arbitration Verified Advocates

Get expert legal advice instantly.

Advocate Ravichandran M G

Advocate Ravichandran M G

Arbitration, Civil, Cyber Crime, Labour & Service, Property, Breach of Contract

Get Advice
Advocate Enju Rohan Kumar

Advocate Enju Rohan Kumar

Consumer Court, Criminal, Cyber Crime, GST, High Court, Insurance, Motor Accident, NCLT, RERA, Succession Certificate, Tax, Anticipatory Bail, Arbitration

Get Advice
Advocate Jai Prakash

Advocate Jai Prakash

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Mansoor Ilahi

Advocate Mansoor Ilahi

Criminal, Anticipatory Bail, Arbitration, NCLT, Trademark & Copyright, Tax, Revenue, Property, High Court, Customs & Central Excise

Get Advice
Advocate Brij Bhushan

Advocate Brij Bhushan

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, GST, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Gupteshwar Kumar

Advocate Gupteshwar Kumar

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Labour & Service

Get Advice
Advocate Sridher M

Advocate Sridher M

Arbitration, High Court, Consumer Court, Succession Certificate, Banking & Finance, Landlord & Tenant, Supreme Court

Get Advice
Advocate Vinay Ansurkar

Advocate Vinay Ansurkar

Customs & Central Excise, High Court, RERA, Supreme Court, Arbitration

Get Advice
Advocate Chinnamani P

Advocate Chinnamani P

Arbitration, Bankruptcy & Insolvency, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, Revenue

Get Advice
Advocate Rohit Mishra

Advocate Rohit Mishra

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Tax, Revenue, Immigration, Media and Entertainment, Customs & Central Excise, International Law

Get Advice

Arbitration Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.