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STATUS OF FOREIGN ARBITRAL AWARDS WITHIN NATIONAL BOUNDARIES -

30 August 2022

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Articles
A Deep Dive Into Arbitration
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The book under the title “A Deep Dive into Arbitration” reflects the concept of Alternative Dispute Resolution which has been a tireless journey since Treta Yug .The thread of development runs through Dwapar yug till today ,a sneak peek into the historical snippets give glimpses of the concept which often is considered a legislative innovation , but is a modern day adaptation of a non codified yet meticulously carved out judicial principle of dispute resolution by appointing an independent decision maker , who was considered personification of god who could dispel justice , without prejudice . Irrespective of the lopsided motion of the proceedings , the decision maker was to remain neutral till the final disposal of the case. This book is a collection of such incidents , which have remained the beacon of Madhyasasta – a concept under renovation . The Arbitration and Conciliation Act 1996 in its present form has been the under the lens of continuous legislative scrutiny since enactment , regular amendments have sharpen the edge of the Act , which was meant to break the ice between the disputing parties , without using the complex judicial tool, which often tests the patience and financial threshold of the parties . However , the Act still has left some corners open , which requires legislative as well as judicial attention . The book takes a deep dive into such aspects , to provide its readers a new dimension for viewing the Act in consonance with the legislative intent and its subsequent outcomes , it further intends to stand in the queue of the civil society lobby which has been an active player suggesting reforms and helping in building and amending laws with strong foundation . Readers are invited to cherish the work with application of fresh minds along with the accommodative attitude to appreciate the missing link of Indian history with present form of Arbitration and import guidelines from past , in order to carve better laws .
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PREFACE

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The book under the title “A Deep Dive into Arbitration” reflects the concept of Alternative Dispute Resolution   which  has been a tireless  journey  since Treta Yug .The thread of development runs th

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ABOUT THE AUTHOR

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Author has been into legal practice since twenty two years, who seeks to contribute his share of gratitude towards legal fraternity through various means . One such means has been this book , which is

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ABOUT THE CO AUTHOR

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The co – author is an Advocate and member of legal fraternity who under the guidance of Author , seeks to gives new trajectory to the legal prospects of laws , as is strived by her mentor . She posses

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INTRODUCTION:

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Dispute Resolution Mechanism forms the limb of a legal system in which Courts are most over worked yet the one which serves much lesser when is subjected to third party scrutiny for functioning in te

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INDIAN LEGAL HISTORY OF ARBITRATION –

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Arbitration as a means for dispute resolution is not new to Indian Landscape .It has existed in the society much before the codification of modern laws. The nation has inspired the global evolution of

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DEVELOPMENT OF MODERN DAY ARBITRATION LAW –

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Modern day Arbitration Law traces its history from Indian Arbitration Act 1899 , drawn upon the lines of English Arbitration Act , which was applicable to three presidency towns (Madras, Bombay and Ca

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WHY ARBITRATION OVER OTHER JUDICIALREMEDIES

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Indian Legal justice system has been a living testimony of various great legal philosophers and legislative hard working which act as a full time craftsmen who put in continuous efforts to renovate a

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WHO CAN TAKE RECOURSE TO ARBITRATION –

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The scope of Arbitration as a mode of Dispute Resolution has nowhere defined in the impugned Act , however a hint about its wide amplitude can be obtained from section 7(1) which states – “In this par

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TYPES OF ARBITRATION –

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With continuous hanging of subject matter in the mode of trial and experiments , various types of Arbitration have evolved over the period of time as illustrated below – Ad Hoc Arbitration –It forms

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ARBITRATION AS A STATUTORY RIGHT –

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Arbitration despite being an effective tool of Dispute Resolution is often avoided by the parties in dispute , when they reach a disagreement regarding provision of any previously drafted Arbitratio

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APPOINTMENT OF ARBITRATOR – HALF BATTLE WON –

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Appointment of Arbitrator , forms the backbone of the Arbitral Proceedings and hence the statute gives various options , under section 10 . The aim of drafting such provision was to increase transpar

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INDIAN JUDICIARY AS FLOOD GATES –

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A keen observation of the act gives an expression of an legislative intention of keeping judicial over view at a distance from the Arbitral Proceedings , however a little deep dive into the Act opens

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EXECUTION OF AWARD – DEFEATING THE PURPOSE –

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The impugned Act is silent upon the execution of the award , the parties even after toiling before the arbitral tribunal , get surprised at the stage of execution of the award , when the party loosing

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INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION

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International trade has always been like sugar in milk , an invisible component which forms the essence of the existence of the nations around the globe. No nation is entirely self sufficient and thus

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PROCEDURE ORIGINALLY POSTULATED FOR THE ENFORCEMENT OF ARBITRAL AWARD –

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Firstly ,the contracting parties must expressly submit to the jurisdiction to the Foreign Arbitral Forum in case of dispute . The term Arbitral Forum here means “Arbitral Tribunal” provided for the su

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ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN INDIA –

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It is covered under part II of the Arbitration and Conciliation Act 1996 ,which draws inspiration from followings sources :- New York Convention (1958) and its father Geneva Convention (1927 )Model La

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STATUS OF FOREIGN ARBITRAL AWARDS WITHIN NATIONAL BOUNDARIES -

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According to section 49 of Arbitration and Conciliation Act 1996 when the court is satisfied that the foreign award in enforceable, the award shall be deemed to be decreed of that court. Thus, it is s

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GRIVENCE REDRESSAL MECHANISM (IN CASE AN APPLICATION IS REJECTED UNDER SECTION 47 _)

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The , principles of natural justice gives equal opportunity to both the parties to contest for their respective claim in equal strength , and hence the Forum invites the open challenge to the applicat

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WAY FORWORD

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India today watches keenly the past to become the land of easy business and big revenue generation. Fertile land of India have always been attractive for foreign businesses, however the attraction sta

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CONCLUSION –

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India , a nation with a glorious past has abundant sources to inspire modern day legal research and enactment of law which suits the purpose and needs of the society . A needful and keen mining of the

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