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ENFORCEMENT OF FOREIGN AWARDS

FOREIGN AWARD - has been defined to mean an award on differences between persons arising out of legal relationships, whether contractual or not and considered as commercial under the law in force in India, and made in pursuance of an agreement in writing for arbitration to be governed either by the New York Convention or by the Geneva Convention, in the territory of a notified foreign state.

• Where a commercial dispute covered by an arbitration agreement to which either of the conventions applies, arises before a judicial authority in India, it shall at the request of a party be referred to arbitration.

• Any foreign award, which is enforceable under this part, shall be binding and may be relied upon by the parties by way of defence, set off or otherwise in any legal proceedings in India.

• The party applying for the enforcement of a foreign award shall, produce the original award or a duly authenticated copy thereof, the original arbitration agreement or a certified copy thereof, and evidence to prove that the award is a foreign award.

• An appeal shall lie against the order of court refusing to refer the parties to arbitration or refusing to enforce a foreign award.