ADR - geneva convention
In 1937 the Arbitration (Protocol and Convention) Act 1937 was enacted to give effect to the Geneva Protocol on Arbitration Clauses 1923 and the convention on the execution of foreign Arbitral awards 1927 enabling them to become operative in India.
The Geneva Convention Awards is incorporated under the 1996 Act in s. 53; section 57 lays down the conditions for enforcement of award. Accordingly a foreign award may be enforceable under Chapter II Part II of the Act, if it satisfies the following conditions:
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Introduction:
Prior to 1937, foreign awards and foreign judgments based on foreign awards were enforceable in British India on the same grounds and in the same circumstances as they were in England under the common law, on the grounds of justice, equity and good conscience. In 1937 the Arbitration (Protocol and Convention) Act 1937 was enacted to give effect to the Geneva Protocol on Arbitration Clauses 1923 and the New York Convention on execution of Foreign Arbitral Awards 1958, enabling them to become operative in India.
The way foreign arbitral award was defined in the 1937 Act and the 1996 Act were however not much different. Both emphasizes on the dispute being commercial in nature further Section 4(2) of the Act says
“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 proceeding in [India], and any references in this Act to enforcing a foreign award shall be construed as including references to relying on an award.”
Further, on satisfaction about the enforceability of the award, the Court shall order the award to be filed and shall proceed to pronounce judgment according to the award.
During the 1937s there were certain local Arbitration Laws in
The Geneva Convention Awards is incorporated under the 1996 Act in s. 53; section 57 lays down the conditions for enforcement of award. Accordingly a foreign award may be enforceable under Chapter II Part II of the Act, if it satisfies the following conditions:
----------------------------------------------------------------------------------------------------------
Introduction:
Prior to 1937, foreign awards and foreign judgments based on foreign awards were enforceable in British India on the same grounds and in the same circumstances as they were in England under the common law, on the grounds of justice, equity and good conscience. In 1937 the Arbitration (Protocol and Convention) Act 1937 was enacted to give effect to the Geneva Protocol on Arbitration Clauses 1923 and the New York Convention on execution of Foreign Arbitral Awards 1958, enabling them to become operative in India.
The way foreign arbitral award was defined in the 1937 Act and the 1996 Act were however not much different. Both emphasizes on the dispute being commercial in nature further Section 4(2) of the Act says
“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 proceeding in [India], and any references in this Act to enforcing a foreign award shall be construed as including references to relying on an award.”
Further, on satisfaction about the enforceability of the award, the Court shall order the award to be filed and shall proceed to pronounce judgment according to the award.
During the 1937s there were certain local Arbitration Laws in
Bibliography: Books G.K.Kwatra, Arbitration and Conciliation Law of India, Universal Publication (2008) Sumeet Kachwaha, Enforcement of Arbitration Awards in India, (2008)4 AIAJ 64 URL:http://www.kaplegal.com/articles/AIAJ_V4_N1_2008_Book_%28Sumeet_Kachwaha%29.pdf Last visited: 7/4/2010