Bare Act Search Results

Foreign Awards (Recognition and Enforcement) Act, 1961 Complete Act

State: Central

Year: 1961

.....and the court, unless satisfied that the agreement is null and void, inoperative or incapable of being performed or that there is not. in fact, any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.) SECTION 04: EFFECT OF FOREIGN AWARDS (1) A foreign award shall, subject to the provisions of this Act, be enforceable in India as if it were an award made on a matter referred to arbitration in India. (2) Any foreign award which would be enforceable under this Act shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defense, set off or otherwise in any legal proceedings in India and any references in this Act to enforcing a foreign award shall be construed as including references to relying on an award. SECTION 05: FILING OF FOREIGN AWARDS IN COURT (1) any person interested in a foreign award may apply to any Court having jurisdiction over the subject matter of the award that the award be filed in court. (2) The application shall be in writing and shall be numbered and registered as a suit between.....

Arbitration and Conciliation Act, 1996 Part II

Title: Enforcement of Certain Foreign Awards

State: Central

Year: 1996

.....in India of any award or of availing himself in India of any award or of availing himself in India of any award if this Chapter had not been enacted. Section 52 - Chapter II not to apply Chapter II of this Part shall not apply in relation to foreign awards to which this Chapter applies. ARBITRATION AND CONCILIATION ACT, 1996Chapter - GENEVA CONVENTION AWARDS Section 53 - Interpretation In this Chapter "foreign award" means an arbitral award on differences relating to matters considered as commercial under the law in force in India made after the 28th day of July, 1924, (a) in pursuance of an agreement for arbitration to which the Protocol set forth in the Second Schedule applies, and (b) between persons of whom one is subject to the jurisdiction of some one of such Powers as the Central Government, being satisfied that reciprocal provisions have been made, may, by notification in the Official Gazette, declare to be parties to the Convention set forth in the Third Schedule, and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid, and (c) in one of such territories as the Central Government, being satisfied that reciprocal.....

Arbitration (Protocol and Convention) Act, 1937 [Repealed] Section 7

Title: Conditions for Enforcement of Foreign Awards

State: Central

Year: 1937

.....the country in which it was made, (e) been in respect of a matter which may lawfully be referred to arbitration under the law of {Substituted by Act 3 of 1951,Section 3 and Schedule for "States"} [India]. and the enforcement thereof must not be contrary to the public policy or the law of {Substituted by Act 3 of 1951,Section 3 and Schedule for "States".} [India]. (2) A foreign award shall not be enforceable under this Act if the Court dealing with the case is satisfied that (a) the award has been annulled in the country in which it was made, or (b) the party against whom it is sought to enforce the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case, or was under some legal incapacity and was not properly represented, or (c) the award does not deal with all the questions referred or contains decisions on matters beyond the scope of the agreement for arbitration: Provided that if the award does not deal with all questions referred the Court may, if it thinks fit, either postpone the enforcement of the award or order its enforcement subject to the giving of such security by the person seeking to enforce it.....

Arbitration (Protocol and Convention) Act, 1937 [Repealed] Section 4

Title: Effect of Foreign Awards

State: Central

Year: 1937

(1) A foreign award shall, subject to the provisions of this Act, be enforceable in {Substituted by Act 3 of 1951,Section 3 and Sch, for "the States".} [India] as if it were an award made on a matter referred to arbitration in {Substituted by Act 3 of 1951,Section 3 and Sch, for "the States".} [India] (2) Any foreign award which would be enforceable under this Act shall be treated as binding for all purposes on the persons 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 {Substituted by Act 3 of 1951,Section 3 and Sch, for "the States".} [India] , and any references in this Act to enforcing a foreign award shall be construed as including references to relying on an award.

Arbitration and Conciliation Act, 1996 Section 57

Title: Conditions for Enforcement of Foreign Awards

State: Central

Year: 1996

.....contains decisions on matters beyond the scope for the submission or arbitration; Provided that if the award has not covered all the differences submitted to the arbitral tribunal, the Court may, if it thinks fit, postpone such enforcement or grant it subject to such guarantee as the Court may decide. (3) If the party against whom the award has been made proves that under the law governing the arbitration procedure there is a ground, other than the grounds referred to in clauses (a) and (c) of sub-section (1) and clauses (b) and (c) of sub-section (2) entitling him to contest the validity of the award, the Court may, if it thinks fit, either refuse enforcement of the award or adjourn the consideration thereof, giving such party a reasonable time within which to have the award annulled by the competent tribunal.

Arbitration and Conciliation Act, 1996 Section 48

Title: Conditions for Enforcement of Foreign Awards

State: Central

Year: 1996

.....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. Explanation.--Without prejudice to the generality of clause (b), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of India if the making of the award was induced or affected by fraud or corruption. (3) If an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause (e) of sub-section (1) the Court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also , on the application of the party claiming enforcement of the award, order the other party to give suitable security.

Arbitration and Conciliation Act, 1996 Section 46

Title: When Foreign Award Binding

State: Central

Year: 1996

Any foreign award which would be enforceable under this Chapter shall be treated as binding for all purposes on the persons 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 and any references in this Chapter to enforcing a foreign award shall be construed as including references to relying on an award.

Arbitration and Conciliation Act, 1996 Section 55

Title: Foreign Awards when Binding

State: Central

Year: 1996

Any foreign award which would be enforceable under this Chapter shall be treated as binding for all purposes on the persons 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 and any references in this Chapter to enforcing a foreign award shall be construed as including references to relying on an award.

Arbitration (Protocol and Convention) Act, 1937 [Repealed] Section 5

Title: Filing of Foreign Award in Court

State: Central

Year: 1937

(1) Any person interested in a foreign award may apply to any Court having jurisdiction over the subject-matter of the award that the award be filed in Court. (2) The application shall be in writing and shall be numbered and registered as a suit between the applicant as plaintiff and the other parties as defendants. (3) The Court shall direct notice to be given to the parties to the arbitration, other than the applicant, requiring them to show cause, within a time specified, why the award should not be filed.

Arbitration (Protocol and Convention) Act, 1937 [Repealed] Section 6

Title: Enforcement of Foreign Award

State: Central

Year: 1937

(1) Where the Court is satisfied that the foreign award is enforceable under this Act, the Court, the Court shall order the award to be filed and shall proceed to pronounce judgment according to the award. (2) Upon the judgment so pronounced a decree shall follow, and no appeal shall lie from such decree except in so far as the decree is in excess of or not in accordance with the award