ADR - geneva convention

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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: ---------------------------------------------------------------------------------------------------------- Introduction: Prior to 1937, foreign awards and foreign judgments based on foreign awards were enforceable in British India on…show more content…
Once an award is made and objections are rejected, the award automatically gets executed and there is no requirement for application of enforcement of an award. A foreign award is required to be enforced. Once the court is satisfied that a foreign award is enforceable the award becomes decree of the court and executable as such. Another significant difference between the domestic and foreign award is that (unlike domestic awards) foreign awards cannot be set aside. A party seeking to enforce a foreign award has to make an application for the same and the court can either accept it or reject it but the court can never set aside the award. But on close observation, we find that there is an apparent lacuna in this mechanism because under circumstances where the foreign award was made based on an arbitration agreement which was not valid or where proper notice was not duly served to the parties etc, the parties would be, more often than not left with no viable recourse. This problem was however settled in the case of Venture Global wherein the court held that even Indian Courts can set aside foreign arbitral awards using the machinery laid down under section 34 of the Arbitration and Conciliation Act 1996. Conditions For Enforcement Of Award The enforcement of ‘foreign Award' under Part II Chapter I is a three phase process. First the party seeking to enforce the award has to make an application under s 47 to the court along with the
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