Foreign Awards - Law Dictionary Search Results
Home Dictionary Name: foreign awardsForeign award
Foreign award, an award in pursuance of an arbitration agreement governed by India Law, if the conditions under s. 44 are satisfied, will not cease to be a foreign award, merely because the arbitration agreement is governed by the law of India, Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., 2006 (2) R.A.J. 531: 2006 (5) JT 507: 2006 (5) SCALE 535: 2006 (6) Supreme 519: 2006 (4) SCJ 217: 2006 (7) SCJD 112: 2006 (20 Arb LR 547. [Arbitration and Conciliation Act, 1996, s. 44 & 2(e)]An award made outside India, even if governed by Indian Law, may be a foreign award but it must satisfy two conditions, viz., that it is made (i) in pursuance of an agreement in writing for arbitration to which the New York Convention applies, and (ii) in one of such territories which the Central Government has notified in the Official Gazette to be a territory to which the New York Convention applies, Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., 2006 (2) R.A.J. 531: 2006 (5) JT 507:...
Foreign awards
Foreign awards. The (English) Arbitration (Foreign Awards) Act, 1930 (20 Geo. 5, c. 15), provides for the enforcement of foreign arbitral awards subject to certain conditions....
Not yet become binding on the parties
Not yet become binding on the parties, the expression 'not yet become binding on the parties' in Article V(1)(e) of the New York Convention postulates that the Convention has visualised as award which becomes binding at a point of time later than the making of the award. In other words the provision has in its contemplation the fact that an award in some cases may become binding only at a later stage. The award which is sought to have been enforced as foreign award will have thus to be tested with reference to the key words contained in Article V(1)(e) of the Convention and the question will have to be answered whether the award has become binding on the parties or has not yet become binding on the parties. The test has to be applied in the context of the law of the country governing the arbitration proceedings or the country under the law of which the award was made, Oil and Natural Gas Commission v. Western Company of North America, AIR 1987 SC 674 (684): (1987) 1 SCC 496: (1987) 1 S...
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Hybrid award
Hybrid award, which are neither speaking awards nor non-speaking - partly speaking and partly non-speaking awards. If the award made by the arbitrator is a non-speaking one the difficulty of showing that there is an error apparent on the face of the award becomes insurmountable and ordinarily such award cannot be challenged at all unless it is shown that the arbitrator has wholly travelled outside the contract which gives him the jurisdiction. In cases of speaking awards the court can interfere if there is an error apparent on the face of the award itself, Bharat Coking Coal Ltd. v. .K. Ahuja and Co., IR 2001 SC 1179 (1182): (2001) 4 SCC 86....
Commercial
Commercial, agreement by a company to render consultancy services can be called 'commercial in nature', R.M. Investment and Trading Co. (P.) Ltd. v. Boeing Co., AIR 1994 SC 1116 (1139). [Foreign Awards (Recognition and Enforcement) Act, (45 of 1961), s. 27]...
Any party bound by the award
Any party bound by the award, the expression 'any party bound by the award' refers to all workmen bound by the award, notice to terminate the said award can be given not by a individual workman but by a group of workmen acting collectively either through their union or otherwise, and it is not necessary that such a group or the union through which it acts should represent the majority of workmen bound by the award, Associated Cement Companies v. Workmen, AIR 1960 SC 777 (781). [Industrial Disputes Act, 1947, s. 19(6)]...
Error apparent on the face of award
Error apparent on the face of award, an 'error on the face of an award' means that the Court must first find whether there is any legal proposition which is the basis of such an award. Where an award is challenged upon such a ground it is not permissible to read words into it or to draw inferences and the award or the order must be taken as it stands. (AIR 1923 PC 66 followed), Bharat Barrel & Drum Mfg. Co. v. L.K. Bose, AIR 1967 SC 361 (368): (1967) 1 SCR 739....
Make an award
Make an award, the expression 'make an award' is not tantamount to the preparation of an award on paper or even the signing of it by the Collector. This expression necessarily implies publication or announcement of the award or sufficient intima-tion of it so as to bring it to the knowledge of the party affected by it, Tilak Raj v. Prithi Pal Singh, AIR 1961 J&K 62 (64). [Land Acquisition Act, 1894, s. 18(2) Proviso Cl. (b)]...
Foreign judgment
Foreign judgment, it is a well established pro-position in Private International law that unless a foreign Court has jurisdiction in the international sense, a judgment delivered by that Court would not be recognised or enforceable in India, Sankaran Govindan v. Lakshmi Bharathi, AIR 1974 SC 1764: (1975) 3 SCC 351: (1975) 1 SCR 57.Means the judgment of a foreign Court. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (6)]--A foreign judgment, i.e., a judgment of a foreign court, stands on a very different footing from a judgment of a court of this country. It cannot be enforced here by execution like an English judgment; it can only be enforced by bringing an action on it as if it were a contract, which of course it is not, though it is convenient to treat it as such. It is not strictly in this country res judicata, and therefore does not create an absolute estoppel. Nevertheless it is practically conclusive between the parties on the merits. Every presumption will be made in favour of...
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