1. Presented By: Mr. S Ravi Shankar – Senior Partner -ravi@lawsenate.com
Law Senate Law Firm
ENFORCEMENT OF INTERNATIONAL COMMERCIAL ARBITRATION AWARDS & DOMESTIC ARBITRATION AWARDS
Presented By: Mr. S Ravi Shankar – Senior Partner

2. Enforcement of Awards
Enforcement of a Domestic Arbitration award Passed in India against an Indian Party
Enforcement of an Award Arising out of an International Arbitration seated in India, against an Indian Party
Enforcement of a Foreign Seated Arbitration Award against an Indian Party
Enforcement of a Foreign seated Arbitration Award against a Foreign Party

3. Indian Award against an Indian Party
Can be enforced under S.36 after the limitation prescribed under S.34
Mere filing of an Application under S.34 is not sufficient to stop the enforcement of an award
To stop the enforcement, a court has to grant a stay of the award
While granting stay the Court requires to treat the award for payment of money, like a money decree and impose conditions
Enforcement application has to be filed in the court having jurisdiction over the properties
Limitation :12 years Umesh Goel Vs Himachal Pradesh Co-operative (2016) 11 SCC 313

4. India seated Award against a Foreign Party
India is a New York Convention country
An award passed in India can be enforced in most of the New York Convention countries
Same award can be enforced in many countries where assets of the Judgment debtor are available, till amounts are recovered
The Foreign party can challenge the award only in India under S.34
Most of the countries have very limited grounds for resisting the enforcement
(Same principles apply for enforcing foreign award against a foreign party, if seat is New York Convention Seat)

5. India seated International Arbitration award against an Indian Party
Same Procedure like a Domestic Award
Can be challenged under S.34
So no Special treatment since it is International Arbitration

6. Foreign Award against Indian Party
Enforcement of a Foreign seated Award against Indian Party
Is Possible if the seat of the Arbitration is in a New York Convention Country
And Recognized by India on Reciprocity basis
Provisions are S. 46 to 49 of the Act
The High Courts have the Jurisdiction to enforce
Original award and original arbitration agreement are to be produced
The party which challenges the authenticity of the requirements require to produce documents and prove the same (Swiss Singapore Overseas Enterprises Vs LMJ International) 2017 SCC Online Cal 9335

7. Foreign Award against Indian Party
Grounds of Challenge permitted as per S.48
Award has dealt with non-arbitrable issues
Award is against Public Policy of India
Public Policy means award by way of fraud or corruption or fundamental Policy of Indian law
In Conflict with most basic notions of morality and justice
But under Policy policy, merits of the award can not be reviewed

8. Foreign award against an Indian Party
No need for two separate proceedings for Recognition and Enforcement Furest Day Vs Jindal Exports (2001) 6 SCC 356
Narrow view has to be taken under S.48 in the case of enforcement of Foreign award (2011) 10 SCC 300 Phuel Chand Exports Vs Patriot
Grounds of Patent illegality or violtaive of contract provisions are not available to resist enforcement of Foreign awards SriLal Mahal Vs Progetto
No requirement for Registration and payment of stamp for Foreign awards 174 (2009) DLT 391 Naval Gent Maritime Vs Shivnath
RBI Regulation can not stop enforcement Cruz City Mauritius Vs Unitech (2017) Online Del 7810

9. Thanks