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What is the Geneva Convention on implementation of foreign arbitration award?
How are Geneva Convention Awards enforced in India?
Why did the ICC replace the Geneva Protocol on arbitration clauses?
Why does the Arbitration Act of India still hold the Geneva Convention?
The law on arbitration in India i.e., the Arbitration and conciliation Act, 1996 includes the guidelines for the implementation of Geneva Convention award under part 2, chapter 2.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, 10 June 1958 (the New York Convention), is described as the most successful treaty in...
Feb 21, 2019 · Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
- Introduction
- Enforcement of Domestic Awards
- Enforcement of Foreign Awards
- Conclusion
- Frequently Asked Questions
- References
Arbitration is one of the oldest mechanisms for the settlement of disputes and has long been preferred for its potential to resolve disputes without the need to litigate before traditional courts. Arbitration, like other mechanisms of settlement of disputes such as mediation, conciliation, etc., is a type of alternative dispute resolution method. A...
The process for enforcement of a domestic award is provided in Section 36 of the 1996 Act. Once the award attains finality in terms of Section 35 of the 1996 Act, the parties may approach the appropriate court for enforcement of the award.
Part II of the 1996 Act governs and regulates the enforcement procedures for foreign awards in India. This part is further subdivided into two chapters. Chapter I deals with the enforcement of the New York Convention Awards, 1958. It runs from Sections 44-52 of the 1996 Act. Further, Chapter II deals with the enforcement of Geneva Convention Awards...
While a lot has been done to make India a hub for arbitration, there is much to be done to overcome the ambiguity that persists in making the process of enforcement a smoother affair. As a much needed relief, the Arbitration and Conciliation (Amendment) of 2015 revoked the provision of an automatic stay on domestic arbitral awards. However, a lot o...
If there has been a challenge to an award as per Section 34 of the Arbitration and Conciliation Act, 1996, does that mean that the enforcement of such an award would automatically be stayed?
No, after the Arbitration and Conciliation (Amendment) Act, 2015, there is no automatic stay on the execution of the award. This position of automatic stay was applicable only prior to the Arbitration and Conciliation (Amendment) Act, 2015. However, after the 2015 amendment, the fact that the award is facing a challenge under any ground mentioned in Section 34 of the 1996 Act is irrelevant. There is no automatic stay. Further, the Apex Court in the case of Hindustan Construction Company Limit...
Can there be a foreign-seated international commercial arbitration between two Indian entities?
Yes, two Indian entities have the autonomy to proceed with a foreign-seated international commercial arbitration having the juridical seat or place of arbitration outside India. In the case of PASL Wind Solutions Private Limited v. GE Power Conversion India Private Limited (2021), the Apex Court affirmed this view. Furthermore, in such cases, the process of enforcement of such awards in India would be as per Part II of the Arbitration and Conciliation Act, 1996, dealing with the enforcement o...
Can there be a challenge to a domestic award under Section 34 of the Arbitration and Conciliation Act, 1996, on the ground that the domestic award is not stamped?
No, a party cannot challenge an award under Section 34 of the 1996 Act on the ground that the award is unstamped. Such clarification was provided in the case of M. Anasuya Devi v. Manik Reddy (2003). The Apex Court in this case made an observation that a domestic award can be challenged only as per the grounds provided under Section 34 of the Arbitration and Conciliation Act, 1996. Further, the Apex Court observed that, though such an issue of non-stamping cannot be dealt with under Section 3...
https://www.livelaw.in/law-firms/law-firm-articles-/arbitral-awards-adr-arbitration-and-conciliation-act-zeus-law-associates-code-of-civil-procedure-233381- Gazala Parveen
The Convention's principal aim is that foreign and non-domestic arbitral awards will not be discriminated against and it obliges Parties to ensure such awards are recognized and generally...
Apr 11, 2024 · The Arbitration and Conciliation Act, 1996, along with the avenues provided by the New York Convention and the Geneva Convention, set forth a legal structure for the recognition and enforcement of foreign arbitral awards in India.
The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their becoming bound and to the extent that they become bound, by this Convention.
