THE CHALLENGES OF ENFORCING ARBITRAL AWARDS IN DIFFERENT JURISDICTIONS

This article is written by Pratham Bharat Patel of 2^nd Semester of KES JP Law College, an intern under Legal Vidhiya

ABSTRACT

Enforcing arbitral awards in India presents unique challenges shaped by the country’s complex legal landscape and evolving judicial interpretations. While India is a signatory to the New York Convention of 1958 and has incorporated its principles into domestic law through the Arbitration and Conciliation Act, 1996, practical enforcement issues persist. Key challenges include inconsistent application of the public policy exception, delays due to procedural intricacies, and varying judicial attitudes towards arbitration. The judiciary’s occasional interventionist approach can undermine the finality of arbitral awards, leading to protracted litigation and uncertainty for foreign investors and domestic parties alike. Additionally, regional differences in the interpretation and application of arbitration laws contribute to unpredictability in enforcement outcomes.

Keywords

Arbitral Awards, Enforcement, Jurisdictions, New York Convention, Public Policy, National Courts, Legal Frameworks, International Arbitration, Harmonization, Judicial Training, International Cooperation.

INTRODUCTION

Arbitration has become an increasingly popular method of resolving disputes, offering a faster and often more flexible alternative to traditional court proceedings. However, the enforcement of arbitral awards across different jurisdictions remains a significant challenge, particularly in a diverse and legally complex country like India. Despite the global push towards harmonizing arbitration laws through international conventions such as the New York Convention of 1958, the practical implementation of these awards can be fraught with obstacles.[1] In India, the enforcement of arbitral awards is governed by the Arbitration and Conciliation Act, 1996, which aligns with international standards but also integrates unique domestic legal principles and procedural requirements. This introduction aims to explore the multifaceted challenges faced in enforcing arbitral awards in India, including legal, procedural, and practical barriers, and the ongoing efforts to address these issues within the Indian judicial system.

The Arbitration and Conciliation Act, 1996 is a pivotal legislation in India that provides a comprehensive framework for arbitration and conciliation proceedings. Enacted to promote alternative dispute resolution mechanisms, the Act aims to ensure the fair and efficient resolution of disputes outside the traditional court system. It covers both domestic and international arbitration, allowing parties to resolve their conflicts through a neutral and binding process. The Act emphasizes minimal court intervention, thereby expediting the resolution process and reducing the burden on the judiciary. By incorporating provisions from international conventions, it also facilitates the recognition and enforcement of foreign arbitral awards in India. Overall, the Arbitration and Conciliation Act, 1996, plays a crucial role in fostering a conducive environment for arbitration, ensuring that disputes are resolved in a timely and effective manner.

PLACE OF ARBITRATION IN INDIA [S. 2(2)]

The Supreme Court has clarified that when an arbitration agreement specifies a place of arbitration outside India, the provisions of the Indian Arbitration and Conciliation Act, 1996, do not apply. For instance, in a case where an Indian company had an arbitration clause with a foreign company that designated New York as the arbitration location, a petition to the Chief Justice of India for appointing an arbitrator was deemed not maintainable.

In another scenario, the parties agreed that arbitration would be held in Singapore according to the Singapore International Arbitration Centre (SIAC) Rules. The court decided that the law governing the agreement would not apply; instead, the SIAC Rules would govern the arbitration proceedings. Consequently, Section 42 and other parts of the 1996 Act, including the right to appeal under Section 37, would not be applicable.[2]

HISTORICAL BACKGROUND

In India, alternative dispute resolution (ADR) methods have a long-standing history. Ancient Indian civilization explicitly supported the resolution of disputes through Tribunals chosen by the disputing parties themselves. This system was reflected in the ‘Panchayat,’ which functioned as a ‘People’s Court.

English law’s stance on arbitration has varied over time, ranging from strong opposition to a more moderate acceptance. Common Law Courts were initially skeptical of agreements to resolve disputes outside the judicial system. The term “Arbiter” originally referred to a person chosen to resolve a controversy regardless of the law. Over time, “Arbiter” became a technical term for someone selected under an established system for amicably resolving disputes, which, while not a judicial process, is regulated by law.

Arbitration, a term originating from Roman law, involves resolving a disputed matter through a selected individual’s judgment instead of taking it to established courts. Before the Arbitration and Conciliation Act, 1996, arbitration in India was governed by three separate laws: The Arbitration Act, 1940, The Arbitration (Protocol and Convention) Act, 1937, and The Foreign Awards (Recognition and Enforcement) Act, 1961. The 1940 Act dealt with domestic arbitration, while the other two addressed foreign awards. The Arbitration and Conciliation Act, 1996, replaced these three acts, consolidating the legal framework for arbitration and conciliation in India.

The history and background of the Arbitration and Conciliation Act, 1996, are detailed in previous chapters of the study. This Act defines the laws related to conciliation and related matters, based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985. The Act aims to provide an effective method for resolving disputes between parties in both domestic and international commercial arbitration, offering a comprehensive codified recognition of arbitration and conciliation in India.

ARBITRATION AND CONCILIATION ACT, 1996

The Arbitration and Conciliation Act, 1996 came in order to consolidate and amend the already existing laws relating arbitration. on 25 January, 1996the act came into force.

There is total 86 sections in this Act and is divided into 4 parts, in which Part I deals General provisions on arbitration, Part II deals the Enforcement of certain foreign awards, Part III deals  conciliation and Part IV deals the Supplementary provisions.

ARBITRATION– arbitration is any arbitration whether or not administered by a permanent arbitral institution. Arbitration is the settlement of disputes outside of court by one or more arbitrators appointed by both parties.[3]

ARBITRATOR– “arbitrator” is person who is appointed to determine differences and disputes between two or more parties by their mutual consent. It is not enough that the parties appoint arbitrator. Person appointed must give his consent to act as arbitrator. Arbitration is a form of alternative dispute resolution where parties agree to submit their disputes to one or more arbitrators who make a binding decision. The Purpose is used to avoid the delays and costs associated with traditional court litigation.

ARBITRAL TRIBUNAL

An arbitral tribunal is a private panel of one or more impartial arbitrators assembled to resolve a dispute through arbitration. It is a quasi-judicial body that has the authority to adjudicate civil disputes outside the traditional court system.[4][5]

Composition of the Arbitral Tribunal:

The composition of the arbitral tribunal is governed under Chapter III of the Arbitration and Conciliation Act, 1996:

• The number of arbitrators can be one or more, as agreed upon by the parties.
• parties are free to get agree on the appointment procedure. If they fail to do so, the appointment is made as per the Act.
• The Central Government has the power to amend the Fourth Schedule, which provides the model fee schedule for arbitrators.
• Grounds for challenging the appointment of an arbitrator include circumstances that give rise to justifiable doubts about their independence or impartiality.
• The challenge procedure involves notifying the other party and the arbitral tribunal within 15 days of becoming aware of the constitution of the tribunal or the existence of the circumstances.[6]

Functions of the Arbitral Tribunal:

The key functions of the arbitral tribunal include:

• Determining the rules of procedure for the arbitration proceedings.
• Fixing the time and place for the hearings.
• Deciding on the liability of arbitration-related expenses.
• Maintaining the confidentiality of the proceedings.
• Rendering the final and binding the arbitral award.[7]

Objectives of the Arbitration and Conciliation Act, 1996

1. Covers both international commercial arbitration and conciliation as well as domestic arbitration and conciliation.
2. Ensures the arbitral procedure is fair, efficient, and meets the specific needs of arbitration.
3. Requires the arbitral tribunal to provide reasons for its arbitral award.
4. Ensures the arbitral tribunal remains within the limits of its jurisdiction.
5. Minimize the supervisory role of courts in the arbitral process.
6. Allows the arbitral tribunal to use Mediation, Conciliation, or other procedures during proceedings to encourage dispute settlement.
7. Provides that every final arbitral award is enforced as if it were a court decree.
8. Grants the same status and effect to a settlement agreement reached through conciliation as an arbitral award.
9. Treats arbitral awards made in countries that are parties to international conventions (New York Convention and Geneva Convention) as foreign awards, for enforcement purposes.
10. Foreign awards must be made in a country other than India.[8]

ARBITRAL AWARDS

The term ‘award’ is not defined in the arbitration Act, 1940 or the Arbitration and Conciliation. Act, 1996. According to Section 2 (1) (c) of the Arbitration and Conciliation Act, the term “arbitral award” includes an interim award. It means “decision of a person, to whom a dispute is referred to by the parties to the dispute”. In other words, award is a decision of an arbitrator, which is binding on parties to the dispute. The Privy Council in Laldas Vs. Bai Lal, 11 Bom. LR 20 laid down that “an arbitral award is equivalent to the judgment of a Court”.

An arbitrator makes/passes the award after taking into consideration various factors i.e. statements of the parties and witnesses concerned, examining the relevant documents.

ESSENTIALS OF ARBITRAL AWARDS

1. An arbitral award must be in writing and signed by members of the arbitral tribunal.
2. If there is more than one arbitrator, a majority of the arbitrators’ signatures are sufficient, provided the reason for any omitted signature is stated.
3. The arbitral award must explain the reasons behind the decision unless:
   1. parties agreed that no reasons are necessary.
   1. The award is based on agreed terms under section 30 of the arbitration law.
4. The award must state its date and the place of arbitration as per section 20. The award is considered to have been made at this place. After the award is made, a signed copy must be delivered to each party involved.
5. The arbitral tribunal can make interim awards on any matter that might be part of the final award at any point during the proceedings.
6. Interest on Monetary Awards
   1. Unless agreed otherwise, the tribunal may include interest in the sum awarded for the payment of money, at a rate deemed reasonable, for the period between the cause of action and the award date.
   1. The sum awarded shall carry interest at 2% higher than the current rate of interest from the date of the award to the date of payment, unless directed otherwise.
7. The costs must be fixed by the arbitral tribunal according to section 31A. These costs include:
   1. Fees expenses of arbitrator and witnesses.
   1. Legal fees and expenses.
   1. For supervising the arbitration Administrative fees of the institution.
   1. Other expenses related to the arbitral proceedings and the award.

INTERNATIONAL CONVENTIONS AND TREATIES-

1. New York Convention (1958)-

India is a signatory to the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). Under the Act, foreign arbitral awards made in countries that are signatories to the New York Convention are enforceable in India [Section 44].

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention, is a fundamental instrument in international arbitration. India ratified the New York Convention in 1960. The Convention mandates that member states recognize and enforce foreign arbitral awards as binding and ensure they are not subject to substantially different conditions from domestic awards.[9]

Key Features:

• Applies to the recognition and enforcement of arbitral awards made in other contracting states.
• Encourages the referral of disputes to arbitration if a valid arbitration agreement exists.
• Provides limited grounds for refusal of recognition and enforcement, such as incapacity of the parties, invalidity of the arbitration agreement, violation of due process, and public policy.

II. Geneva Convention (1927)

India is also a signatory to the 1927 Geneva Convention on the Execution of Foreign Arbitral Awards. Awards made in countries that are signatories to this convention are also enforceable in India under the Act [Section 53].

Key Features:

• Similar to the New York Convention but less widely adopted.
• Applied to the recognition and enforcement of arbitral awards made in the territory of another contracting state.
• Had more stringent conditions compared to the New York Convention.

Key Points

The 1927 Geneva Convention aimed to establish a framework for the recognition and enforcement of arbitration agreements and arbitral awards made in the territory of one contracting state by the courts of other contracting states.

It was one of the early attempts to create a harmonized legal framework for international commercial arbitration, promoting the resolution of disputes through arbitration rather than litigation. The 1927 Convention had several limitations, including more stringent conditions for the recognition and enforcement of awards compared to the later New York Convention. It required the award to be made in a contracting state and to be final and enforceable in the country where it was made.[10]

The 1927 Geneva Convention was largely superseded by the New York Convention of 1958, which provided a more streamlined and effective process for the recognition and enforcement of foreign arbitral awards. The New York Convention is now the cornerstone of international arbitration enforcement.

TYPES OF ARBITRAL AWARDS

1. Final Award: The most common type, the final award resolves all the issues submitted to arbitration. Once made, the tribunal’s mandate terminates concerning the issues decided unless the award is set aside or modified by a competent court.
2. Interim Award: Issued during the arbitral proceedings, interim awards address certain issues before the final award is made. These can include matters such as jurisdiction, provisional measures, or specific parts of the dispute.
3. Settlement Award: During the arbitration process, the parties may choose to settle the matter instead of having it adjudicated by the arbitrator. In such a situation the arbitrator could assist the parties in arriving at settlement. If a settlement is arrived and the arbitrator has no objection with it then terms of settlement could be made part of award. [11](section 30)
4. Additional Award: when a final award has been rendered, but it is later found out that certain claims that had been submitted to arbitral tribunal were not resolved/adjudicated, the parties can request arbitral tribunal to make an additional award covering issues that have been left. Such request must be made within 30 days from the date of receipt of final award (section 33)[12]

Legal Framework for Arbitral Awards in India:

1. Section 31: Form and Content of Arbitral Awards

• The award must be written and signed by the arbitrators.
• It must state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or it is an award on agreed terms under Section 30.
• The award must mention the date and the place of arbitration.
• A signed copy must send to each party.

2. Section 34: Application for Setting Aside Arbitral Awards

An arbitral award can be set aside by a court on grounds such as:

• One party was unable to make decisions for themselves.
• The agreement to use arbitration was not valid.
• One party didn’t get proper notice about the arbitrator or the process.
• The award dealt with issues that weren’t supposed to be settled by arbitration.
• The arbitration process or the arbitrators weren’t chosen as agreed upon.
• The dispute itself couldn’t legally be settled through arbitration in India.
• The award goes against what’s considered fair and right in Indian public policy.[13]

3. Section 36: Enforcement of Arbitral Awards

• Binding Nature: An arbitral award is enforceable as if it were a decree of the court.
• Stay of Enforcement: If an application to set aside the award has been made under Section 34, the filing of such an application does not by itself render the award unenforceable, unless the court grants a stay of the enforcement on a separate application made for that purpose.

4. Section 37: Appeals

• Appealable Orders: Appeals can be made against orders:
• Granting or refusing to any measure under Section 9.
• Setting aside or refuse to set aside an arbitral award under Section 34.
• Granting or refusing to grant an interim measure of protection under Section 17.
• Further Appeals: No second appeal lies from an order passed in appeal, but this does not affect or take away any right to approach the Supreme Court.[14]

DOMESTIC AND FOREIGN ARBITRAL AWARDS

1. Domestic Arbitral Awards

Definition: Awards rendered in arbitration proceedings conducted within India under the Indian legal framework.

Characteristics:

• Jurisdiction: Conducted within Indian territory under Indian law.
• Enforcement: Enforceable as a decree of the Indian court (Section 36, Arbitration and Conciliation Act, 1996).
• Appeal: Can be challenged in Indian courts on grounds such as incapacity, invalid arbitration agreement, lack of proper notice, or public policy considerations (Section 34).

2. Foreign Arbitral Awards

Definition: Awards rendered in arbitration proceedings conducted outside India or under a legal framework different from Indian law, involving international parties.

Characteristics:

• Jurisdiction: Conducted outside India or under international arbitration rules.
• Enforcement: Enforceable in India under Part II of the Arbitration and Conciliation Act, 1996, incorporating the New York and Geneva Conventions.
• Recognition: Must meet criteria outlined in international conventions, such as a valid arbitration agreement and due process compliance.
• Grounds for Refusal: Indian courts can refuse enforcement on grounds such as incapacity of parties, invalid arbitration agreement, improper notice, or if the award is contrary to Indian public policy.[15]

CASE LAWS

Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc. (2012):[16]

FACTS

Bharat Aluminium Company (BALCO), an Indian company, entered into a contract with Kaiser Aluminium Technical Services Inc. (Kaiser), a foreign company. The contract included an arbitration clause specifying that any disputes would be resolved through arbitration in London under the rules of the International Chamber of Commerce (ICC). A dispute arose between BALCO and Kaiser regarding the performance of the contract Kaiser initiated arbitration proceedings in London as per the arbitration clause.

ISSUES

• The main issue before the Supreme Court was whether Indian courts had jurisdiction to intervene in arbitration proceedings seated outside India.
• Whether Indian law applied to the arbitration process and the enforcement of the arbitral award.

JUDGMENT

The Supreme Court’s judgment in the BALCO case addressed several key points:

• The Supreme Court held that Indian courts do not have jurisdiction to interfere with arbitration proceedings conducted outside India unless expressly provided for by law. This upheld the principle of minimal interference by national courts in international arbitration.
• The Court clarified that Indian law would apply only to arbitrations conducted in India, unless the parties had expressly agreed otherwise. In this case, since the arbitration was seated in London, the laws of England would govern the arbitration proceedings.
• The Court reiterated that even when an award is made in a foreign-seated arbitration, Indian courts could refuse its enforcement if it is contrary to the public policy of India.
• The judgment underscored the importance of enforcing foreign arbitral awards in line with international conventions and treaties to promote a pro-arbitration stance.[17]

CHALLENGES FOR ENFORCING ARBITRAL AWARDS

LEGAL CHALLENGES

1. Grounds for Refusal under the Arbitration and Conciliation Act, 1996:

• Public Policy: Section 34(2)(b)(ii) allows courts to set aside awards that are contrary to the public policy of India. The interpretation of “public policy” can be broad and subjective, leading to potential refusal of enforcement.
• Patent Illegality: Recent amendments have clarified that awards can be set aside if they are patently illegal. However, this ground is also open to wide interpretation.
• Compliance with Indian Laws: Awards that conflict with Indian laws or statutory provisions can be challenged, leading to refusal of enforcement.

2. Jurisdictional Issues:

Jurisdiction of the Arbitral Tribunal: If the tribunal is found to have exceeded its jurisdiction or if there are doubts about the validity of the arbitration agreement, enforcement can be challenged.[18]

PROCEDURAL CHALLENGES

• Delays in Judicial Process:

The Indian judicial system is known for its backlog and slow pace. This can significantly delay the enforcement process, causing frustration and financial losses to the award creditor.

• Interim Relief and Stay on Enforcement

Parties often seek interim relief or a stay on the enforcement of the arbitral award, leading to further delays. Courts may grant such stays, especially if prima facie grounds for setting aside the award are found.

PRACTICAL CHALLENGES

• Asset Identification and Attachment:

Identifying and attaching assets of the award debtor in India can be challenging. The debtor may take steps to conceal or transfer assets, complicating enforcement.

• Lack of Uniformity in Interpretation:

Different courts may interpret and apply provisions of the Arbitration and Conciliation Act, 1996 differently, leading to inconsistent outcomes in enforcement cases.

• Time Limits and Delays:

While the Arbitration Act does not specify a time limit for enforcing foreign awards, the Supreme Court has held that such applications should be made within three years as per the Limitation Act, 1963. Delays in the court system can further complicate and prolong the enforcement process​.

• Challenges under Section 48:

Foreign arbitral awards can be refused enforcement based on several grounds listed under Section 48 of the Arbitration Act, such as incapacity of parties, improper notice of arbitration proceedings, or the award dealing with a dispute not contemplated or not falling within terms of submission to arbitration​.

CROSS-BORDER ENFORCEMENT CHALLENGES

• Recognition of Foreign Arbitral Awards:

Although India is a signatory to the New York Convention, the recognition and enforcement of foreign arbitral awards can be challenging. Indian courts may refuse enforcement on grounds such as public policy or improper notice to the parties.

• Reciprocity and Bilateral Agreements:

Enforcement of awards from non-convention countries or countries without a reciprocal agreement with India can be problematic. The lack of a clear framework for such enforcement complicates the process[19].

• Sovereign Immunity

Foreign states may invoke sovereign immunity to object to the recognition or enforcement of arbitral awards against them. Determining whether a state has waived immunity can be challenging.

• Inadequate enforcement of arbitral awards:

Despite India being a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, challenges often arise in enforcing both domestic and foreign arbitral awards. This can be attributed to the complex enforcement procedures, lack of awareness among courts, and occasional protracted court battles

TO ADDRESS THE CHALLENGES SEVERAL SOLUTIONS CAN BE CONSIDERED

• By making Amendment on Arbitration and Conciliation Act:

Further refine Sections 34 and 48 to limit grounds for challenging and refusing enforcement of arbitral awards. Encourage adherence to international standards and best practices in arbitration law to improve enforceability​

• Expediting Court Procedures:

Implementing strict timelines for courts to decide on enforcement petitions and challenges to arbitral awards. Using technology and digital platforms to manage arbitration-related cases efficiently and reduce backlog​.

• Strengthening International Cooperation:

Engaging in bilateral treaties and agreements to facilitate the mutual recognition and enforcement of arbitral awards. Collaborating with international arbitration institutions to harmonize enforcement practices and reduce jurisdictional conflicts​.

• Addressing Sovereign Immunity Issues:

Clarifying the legal framework regarding the enforcement of awards against state entities to ensure that sovereign immunity is not misused to evade enforcement. Developing guidelines for courts on handling cases involving state entities to ensure fair and balanced enforcement[20]

• Promotion of Institutional Arbitration:

Encouraging the use of established arbitration institutions, which can provide better administration, support, and enforcement mechanisms. Institutions like the Singapore International Arbitration Centre (SIAC) and the International Chamber of Commerce (ICC) can offer models for effective enforcement frameworks​.

CONCLUSION

Enforcing arbitral awards across different jurisdictions presents a formidable challenge shaped by legal complexities, varying interpretations, and practical hurdles. The diversity in legal frameworks and regulatory requirements among countries leads to inconsistent enforcement outcomes, complicating the predictability and reliability of international arbitration. Judicial interpretations of international treaties like the New York Convention can diverge, introducing uncertainty into enforcement proceedings. Moreover, political pressures and economic interests may influence local courts, potentially compromising the neutrality of arbitration outcomes. The time-consuming and costly nature of enforcement, coupled with public policy exceptions and reciprocity requirements, further obstructs the seamless execution of arbitral decisions. Despite these obstacles, efforts to harmonize enforcement standards, enhance judicial training, and streamline procedural requirements are critical steps towards fostering a more effective and equitable international arbitration regime.

REFERENCES

1. IPLEADERS, https://blog.ipleaders.in/all-about-the-arbitral-tribunal/, (last visited July. 10, 2024)
2. Geeks for Geeks, https://www.geeksforgeeks.org/arbitral-tribunal-appointment-composition-jurisdiction-and-faqs/, (last visited on July. 10, 2024)
3. HINDU LAW EDUCATION, https://hindlawedu.com/alternative-dispute-resolution-adr/the-main-objectives-and-salient-features-of-arbitration-conciliation-act-1996/, (last visited on July. 11, 2024)
4. Drishti judiciary, https://www.drishtijudiciary.com/landmark-judgement/alternative-dispute-resolution/bharat-aluminium-co-v-kaiser-aluminium-technical-service-Inc-2010-1-sc-72, (last visited on July 13, 2024)
5. Global arbitration review, https://globalarbitrationreview.com/insight/know-how/challenging-and-enforcing-arbitration-awards/report/india, (last visited July. 13, 2024)
6. Sneha Arora, enforcement of foreign arbitral awards, I pleaders, (July 13, 2024, 4:25 pm)https://blog.ipleaders.in/enforcement-foreign-arbitral-awards-india-2/
7. Arbitration and Conciliation Act, 1996, § 2, cl. d, No. 26, Acts of Parliament, 1996 (India).
8. Arbitration and Conciliation Act, 1996, § 12, No. 26, Acts of Parliament, 1996 (India).
9. Arbitration and Conciliation Act, 1996, § 44, Acts of Parliament, 1996 (India)
10. Arbitration and Conciliation Act, 1996, § 30, No. 26, Acts of Parliament, 1996 (India).
11. Arbitration and Conciliation Act, 1996, § 33, No. 26, Acts of Parliament, 1996 (India).

---

[1] Sujata Bhatia, “Challenges in the Enforcement of Foreign Arbitral Awards in India,” Journal of International Arbitration, Vol. 35, No. 4 (2018)

[2] Yograj Infrastructure Ltd v Ssang Yong Engg and Construction Co Ltd, (2011) 9 SCC 735: AIR 2011 SC 3517.

[3] Arbitration and Conciliation Act, 1996, § 2, cl. 1, No. 26, Acts of Parliament, 1996 (India).

[4] I PLEADERS, https://blog.ipleaders.in/all-about-the-arbitral-tribunal/, (last visited July. 10, 2024)

[5] Arbitration and Conciliation Act, 1996, § 2, cl. d, No. 26, Acts of Parliament, 1996 (India).

[6] GEEKS FOR GEEKS, https://www.geeksforgeeks.org/arbitral-tribunal-appointment-composition-jurisdiction-and-faqs/, (last visited on July. 10, 2024)

[7] Arbitration and Conciliation Act, 1996, § 12, No. 26, Acts of Parliament, 1996 (India).

[8] HINDU LAW EDUCATION, https://hindlawedu.com/alternative-dispute-resolution-adr/the-main-objectives-and-salient-features-of-arbitration-conciliation-act-1996/, (last visited on July. 11, 2024)

[9] Arbitration and Conciliation Act, 1996, § 44, Acts of Parliament, 1996 (India).

[10] Convention on the Execution of Foreign Arbitral Awards, Geneva, 26 September 1927, League of Nations, Treaty Series, vol. 92, p. 301.

[11] Arbitration and Conciliation Act, 1996, § 30, No. 26, Acts of Parliament, 1996 (India).

[12] Arbitration and Conciliation Act, 1996, § 33, No. 26, Acts of Parliament, 1996 (India).

[13] Arbitration and Conciliation Act, 1996, § 34, No. 26, Acts of Parliament, 1996 (India).

[14] Law Bhoomi, https://lawbhoomi.com/types-of-arbitral-awards-in-india/#Meaning_of_Arbitral_Awards, (last visited July 12, 2024)

[15] Law Bhoomi, https://lawbhoomi.com/types-of-arbitral-awards-in-india/#Meaning_of_Arbitral_Awards, (last visited July. 12, 2024)

[16] Drishti judiciary, https://www.drishtijudiciary.com/landmark-judgement/alternative-dispute-resolution/bharat-aluminium-co-v-kaiser-aluminium-technical-service-Inc-2010-1-sc-72, (last visited on July 13, 2024)

[17] Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., (2012) 9 SCC 552

[18] Global Arbitration Review, https://globalarbitrationreview.com/insight/know-how/challenging-and-enforcing-arbitration-awards/report/india, (last visited July. 13, 2024)

[19]Sneha Arora, enforcement of foreign arbitral awards, I pleaders, (July 13, 2024, 4:25 pm)https://blog.ipleaders.in/enforcement-foreign-arbitral-awards-india-2/

[20] I pleaders, https://blog.ipleaders.in/enforcement-foreign-arbitral-awards-india-2/, (last visited July 13, 2024)

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature.