Section 44-52 of the Arbitration and conciliation act 1996, Definition, Enforcement of foreign awards, judicial authority power, Appealable etc.
Section 49 of the Arbitration and conciliation act 1996 Enforcement of foreign awards.
It states that where the court is satisfied that the foreign award is enforceable under Chapter I Part II of this act. The award shall be deemed to be a decree.
Section 48 condition for enforcement of foreign awards
This section 48, Condition for enforcement of foreign awards. Sub Section 1 of s/48, at request of the party against whom it is invoked, enforcement of foreign award may be refused.
Only if party who request to refuse foreign award, furnishes to the court proof following that:-
Subject agreement not valid / incapacity of law, foreign awards Arbitration
- (a) The parties agreement which it on a subject which not valid under the law. And failing under some incapacity of the country law where the award was made.
- The agreement referred to in section 44 foreign award. Or
Not given proper notice of the appointment of the arbitrator
- (b) If party furnishes to the court proof that the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator. Or
- In the arbitral proceeding the party otherwise unable to present his case.
Matters beyond the scope of submission to arbitration
- (c) The award deals with a difference not contemplated by are not falling within the term of submission to arbitration.
- Or it contain decisions on matters beyond the scope of submission to arbitration.
Agreement was not in accordance with law of the country
- (d) The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties.
- or failing such agreement was not in accordance with the law of the country where the arbitration took place.
Arbitral Award has not at become binding on the parties
- (e) If that party furnishes to the court proof that the award has not at become binding on the parties or has been set a side.
- or suspended by a competent authority of the country in which or under the law of which that award was made.
Enforcement of an arbitral Award may also be refused section 48(2) arbitration
- (a) If the court finds that the subject matter of the difference is not capable of settlement by arbitration under the law of India. Or
- (b) The enforcement of the award would be contrary to the public policy of India.
Application of setting aside or suspension of foreign award
Section 48(3) of arbitration and conciliation act 1996, condition for enforcement of foreign award.
If an application of the setting aside or suspension oF the award has been made to a competent authority referred to in s/43(1)(e).
The court may if it considers it proper, adjourn the decision on the enforcement of the award. The court may also adjourn bn decision on enforcement of award. It may also, on the application of party claiming enforcement of a award, order party to give suitable security.
When foreign award binding s/46 arbitration
- Under Part II chapter I, of arbitration and conciliation act, any foreign award which would be enforceable under this. It shall be treated as binding for all purposes on person as between whom it was made.
- And may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in India.
- Any reference in this Chapter to enforcing a foreign award shall be construed as including reference to relying on an award.
Power of judicial authority to refer parties to arbitration
Section 45 of the Arbitration and conciliation act 1996 Power of judicial authority to refer parties to arbitration.
At request of one the parties, agreement made between them under Section 44 of this act. The judicial authority seized of an action, refer the parties to arbitration.
Unless it prima facie finds that the said agreement is null and void, inoperative or incapable of being performed.
Section 44 Foreign award, arbitration agreement b/W parties
New York convention Awards
According to section 44 of arbitration and conciliation act 1996, Foreign award means, an arbitral Award on difference b/W persons arising out of legal relationship.
Whether contractual or not, consideration as commercial under the law in force in India, made on or after 11th day of October 1960.
Appealable orders, Refusing to refer parties to arbitration, foreign award enforcement
Despite of anything contained in any other law for time being in force.
Section 50 of arbitration and conciliation act 1996, Appealable orders, shall lies from order refusing to refer parties to Arbitration and enforcement of foreign award by judicial authority.
Refusing to refer parties to arbitration under Section 45 and section 48 foreign award by judicial authority.
Sub section 2 of s/50, No 2nd appeal shall lies from an order passed in appeal under this section 50.
But nothing in this section shall affect or take away any right to appeal to the Supreme Court.