This index compares the extent of judicial assistance before, during, and after the arbitration proceedings.
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Have the courts in your country stated a “pro-arbitration policy”, i.e., a general policy in favor of enforcing arbitration agreements and arbitration awards, in applying your national law of arbitration In domestic/international arbitrations taking place in your country?
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Yes
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Comment
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Courts are neutral; however, where a contract, expressly or otherwise provides for arbitration, the courts are bound not to entertain other litigation. Courts in India assist in the appointment of ar ...morebitrators (where one party fails to appoint or concur in the appointment), as also granting of interim reliefs before or during the Arbitral proceedings. The following is an in-exhaustive list of Court rulings that have stated a pro-arbitration policy in applying the national law of arbitration: (i) The High Court of Delhi in National Ability S.A. v. Tinna Oil and Chemicals Ltd [2008 (3) ARBLR 37 (Delhi)] has held that one should favor a pro-arbitration approach with respect to the enforcement of foreign arbitral awards. (ii) In SRP Industries v. GEA Process Engg. Ltd. [MANU/DE/0216/2009], the Delhi High Court has held that if illegality is of a trivial nature then it cannot be held that the award is against the public policy. Therefore illegality has to go to the root of the matter. (iii) G.D. Engineering Construction v. HP Board Pvt Ltd. [2009 (1) ShimLC 24] and Hemant Jalan v. Om Prakash Jalan [MANU/AP/0411/2008] and many others depict the stand of the Indian Courts in promoting a pro-arbitration policy. (iv) (2009) 2 SCC 55; (v) (2009) 1 SCC 267; (vi) AIR 1952 Supreme Court 119 - General Insurance Co. Ltd. v. Pearey Lal Kumar; (vii) AIR 1960 Supreme Court 1156 - Printers Mysore Pvt. Ltd. v. P. Joseph; (viii) AIR 1971 Supreme Court 2083 - Reliable Water Supply Service of India v. UOI; (ix) AIR 1961 Supreme Court 1285 - Dhanrajmal Gobindram v. Shamji Kalidas & Co.; (x) AIR 1985 Supreme Court 1156 - Renusagar Power Co v. General Electric co. ...less
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If the parties have expressly agreed (i.e., in writing) that the arbitration tribunal can rule on its own jurisdiction, will that be upheld by your national courts?
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Yes
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Comment
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N/A
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If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration In domestic/international arbitrations taking place in your country?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
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3
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If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration in international arbitrations taking place in your country?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
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3
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Comment
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Section 8 of the Act places a duty on the Courts to mandatorily refer the parties to the dispute to arbitration if an action is brought before it in a matter which is the subject of arbitration agree ...morement provided a party so applies not later than when submitting his first statement on the substance of the dispute. If the parties have not preferred for institutional mechanism or have disagreed the procedure to be followed then this could be challenged. Also though there is a difference in the language used in section 8 and section 45 of the Arbitration and Conciliation Act, 1996 the possibility of the courts reading Section 45 into Section 8 cannot be ruled out and accordingly proceedings to determine whether (i) the court has jurisdiction (i.e., the party making motion has approached the right High Court; (ii) there is a valid arbitration agreement in terms of Section 7 of the Arbitration and Conciliation Act, 1996 (iii) whether the person before him with the request is a party to the arbitration agreement; and (iv) there is a dispute/ live claim subsisting which is capable of being arbitrated upon (as regards domestic arbitration) and whether the said agreement is null and void, inoperative or incapable of being performed as for arbitration to be held outside India.
Section 34 of the Act, application for setting aside arbitral award, is as follows:- (1) Recourse to a court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and subsection (3). (2) An arbitral award may be set aside by the court only if- (a) The party making the application furnishes proof that- (i) A party was under some incapacity, or (ii) The arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iv) The arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or (v) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part; or (b) The court finds that- (i) The subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or (ii) The arbitral award is in conflict with the public policy of India. Explanation. -Without prejudice to the generality of sub-clause (ii), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of India if the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81. (3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by thearbitral tribunal: Provided that if the court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter. (4) On receipt of an application under sub-section (1), the court may, where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of arbitral tribunal will eliminate the grounds for setting aside the arbitral award."
The law of arbitration in India is primarily governed by agreement between the parties; however such agreement should not be opposed to public policy or illegal. By virtue of the power granted to the courts and in the interest of public policy a court may set aside a arbitration award. It is observed that may a times courts have interpreted public policy very widely and set aside arbitration award. ...less
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Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In domestic arbitrations taking place in your country?
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Yes
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Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In international arbitrations taking place in your country?
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Yes
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Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted In domestic arbitrations?
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Yes
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Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted in international arbitrations?
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Yes
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Comment
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If the Arbitrator declines to order for production of documents or the appearance of witnesses, such an interim award may be challenged before the Court seeking appropriate relief as provided by the ...morelaw. Furthermore, the Arbitral Tribunal itself or a party with the approval of the Arbitral Tribunal may apply to the Court for assistance in taking evidence/production of documents. Under Section 27 of the Act: “ (1) The arbitral Tribunal, or a party with the approval of the arbitral Tribunal, may apply to the Court for assistance in taking evidence. (2) The application shall specify- (a) the names and addresses of the parties and the arbitrators; (b) the general nature of the claim and the relief sought; (c) the evidence to be obtained, in particular,- (i) the name and address of any person to be heard as witness or expert witness and a statement of the subject-matter of the testimony required; (ii) the description of any document to be produced or property to be inspected. (3) The Court may, within its competence and according to its rules on taking evidence, execute the request by ordering that the evidence be provided directly to the arbitral Tribunal. (4) The Court may, while making an order under sub-section (3) issue the same processes to witnesses as it may issue in suits tried before it. (5) Persons failing to attend in accordance with such process, or making any other default, or refusing to give their evidence, or guilty of any contempt to the arbitral Tribunal during the conduct of arbitral proceedings, shall be subject to the like disadvantages, penalties and punishments by order of the Court on the representation of the arbitral Tribunal as they would incur for the like offences in suits tried before the Court. (6) In this section the expression "Processes" includes summonses and commissions for the examination of witnesses and summonses to produce documents.” ...less
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Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In domestic arbitrations taking place in your country?
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Yes
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Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In international arbitrations taking place in your country?
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Yes
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If an immediate need can be shown, how often do courts grant interim relief requests for assistance?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
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2
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List the law and article which provide for courts' assistance with interim relief.
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The procedure on interim relief is provided under the Act and also derives from the Code of Civil Procedure, 1908, although the Code is not per se applicable to the arbitral proceedings.
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Comment
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On question 27 (Does your national law provide for courts to assist the arbitrators/parties by granting interim relief?): Under the Act, a party to an arbitration agreement can approach the cour ...moret or it can approach the arbitral tribunal for seeking interim relief. Section 9 enables a party to approach a competent court before or during the arbitral proceedings or even after the award is pronounced, but before it is enforced. However, the Supreme Court of India has held in that in case of international commercial arbitration held outside India the 'general provisions' of Part I would apply unless the parties expressly or impliedly exclude the applicability of the same (Bhatia International v. Bulk Trading). The arbitral tribunal also has powers under Section 17 of the Act to make an order for any interim measure of protection. However, Section 17 of the Act does not confer any power on the arbitral tribunal to enforce its interim orders. Third parties are not affected by such interim orders and that the order for interim measure comes to an end with the passing of the final award.
On question 27.1B (How often do courts grant such requests for assistance if an immediate need is shown? In an international arbitration?): Though there is no provision under The Arbitration and Conciliation Act, 1996 for the parties in an arbitration to be conducted outside India to approach the courts for grant interim relief, the courts are likely to grant such interim relief(s) as may be sought by one of the parties on the application to prevent irreparable injury.
On Overview question (Do the courts in your country provide the assistance that may be needed to ensure that arbitrations in your country proceed efficiently and fairly and in accordance with the agreement of the other parties?): There is a growing trend in India to encourage dispute resolution by alternative means. Legislation is also conducive to encourage resolution of disputes by way of alternate dispute resolution mechanism. The Courts usually refer a party to arbitration in case the agreement consists of a valid arbitration clause. The Courts, as mandated by the Act, adopt a policy of minimum interference in the arbitration proceedings in order to strengthen the alternate dispute resolution as a viable forum. Courts perform a significant role in facilitating arbitration(s) for resolving disputes. The former may be substantiated by Sections 8 (Court's power to refer parties to arbitration where there is an arbitration agreement), 9 (court's power to provide for interim measures), 11 (Court's authority regards the appointment of arbitrators), 27 (Courts may assist the tribunal in taking evidence) , 34 (challenge to an award before a competent court) and 37 (Appealable orders) of the Arbitration & Conciliation Act, 1996. Courts do condone dilatory tactics which are invariably adopted. ...less
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Given the amount of the arbitration award ($US100, 000) and the location of the assets (your country's largest business city), what court in your country has jurisdiction to enforce an arbitration award rendered in your country (in domestic or international proceedings)?
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Bombay High Court
Bombay High Court has appellate Jurisdiction over the States of Maharashtra, Goa , Daman and Diu. However the jurisdiction of the Bombay High Court in arbitration matters ...more among others, will soon be transferred to and vested in ...less
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**
Is the court for enforcement of arbitration awards rendered in your country, a higher level court or a specialized court?
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Yes
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May a judgment of that court enforcing the award be appealed to a higher court or courts?
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Yes
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May a judgment of that court denying enforcement of the award be appealed to a higher court or courts?
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Yes
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If Yes, indicate the name of the court(s) of appeal
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Bombay High Court; and Supreme Court of India.
Even though an appeal from the order of the Court permitting the enforcement or denying the enforcement of a domestic award is not mai ...morentainable under the Act, the parties have the right to a ...less
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In the case of a domestic award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits?
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No
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*
In the case of an international award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits?
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No
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Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Invalidity of the underlying arbitration agreement or lack of capacity of a party?
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Yes
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Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Lack of a fair hearing?
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Yes
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Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award deals with matters outside the scope of the arbitraton agreement?
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Yes
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Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law?
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Yes
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Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Subject matter of the dispute not subject to arbitration?
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Yes
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Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Enforcement of the award would be contrary to country's public policy?
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Yes
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Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Error of law?
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Yes
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Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award not supported by substantial evidence?
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Yes
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Under your national law, list any additional grounds under which the domestic award rendered in favor of GlobiCo may be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country.
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As per section 34 of the Act, (1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-sectio ...moren (3). (2) An arbitral award may be set aside by the Court only if- (a) (a) the party making the application furnishes proof that- (i) a party was under some incapacity; or (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or (v) the composition of the arbitral Tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part; or (b) the Court finds that- (i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or (ii) the arbitral award is in conflict with the public policy of India. Explanation : Without prejudice to the generality of sub-clause (ii), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of India if the making of the award was induced/ or affected by fraud or corruption or was in violation of section 75 or section 81. (3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral Tribunal: Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter. (4) On receipt of an application under sub-section (1), the Court may, where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral Tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of arbitral Tribunal will eliminate the grounds for setting aside the arbitral award.
...less
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What is the likelihood that your courts would enforce a domestic arbitration award if no objection to enforcement were filed?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
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2
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What is the likelihood that your courts would enforce an international arbitration award if no objection to enforcement were filed?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
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2
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Number of days on average necessary to enforce a domestic and international arbitration award in your country:
(a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ?
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30
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*
Number of days on average necessary to enforce a domestic and international arbitration award in your country:
(b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed?
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60
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Number of days on average necessary to enforce a domestic and international arbitration award in your country:
(c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal?
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365
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*
Number of days on average necessary to enforce a domestic and international arbitration award in your country:
(d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)?
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143
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Comment
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It is extremely difficult to estimate a time frame in respect of contentious matters in India and the time frame as suggested in the above chart and in the entire exercise of this questionnaire is me ...morerely indicative and not conclusive. Furthermore, the time span also varies on a case to case basis depending upon factors such as availability of parties, compliance of procedural requirements such as service of pleadings, etc. The marginal longer time frame indicated in question 32(b) and 32(c) above is to accommodate service of pleadings, if any, upon the foreign party. There would be a case specific requirement on which time frame would be dependent. It is relevant to quote the phrase from the 1872 Privy Council judgment in Court of Wards v. Maharajah Kumar Ramaput (14 Moo Ind App 605) which is evident "that the difficulties of a litigant in India begin when he has obtained a decree." Section 2(1)(e) of the Act defines Courts as the Principal Civil Court of original jurisdiction in a District, and includes the High Court in exercise of its Ordinary Original Civil Jurisdiction, having jurisdiction to decide the questions forming the subject matter of the arbitration if the same has been the subject matter of a suit, but does not include any Civil Court of a grade inferior to such Principal Civil Court, or any Court of Small Causes. Since the Supreme Court is the court of final appeal and the fact that filing an appeal is discretionary, the above stated time frames are subject to change. In the event that the Supreme Court of India admits the Appeal, then for the matter to be disposed of finally, it might take longer than the duration stated in question 32(c). Please note that courts do condone dilatory tactics which are invariably adopted. ...less
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Given the amount of the foreign arbitration award ($US100, 000) and the location of the assets (your countrys' largest business city), what court in your country has jurisdiction to enforce a foreign arbitration award (i.e. an award rendered outside of your country)?
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Bombay High Court
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**
Is the court for enforcement of arbitration awards rendered outside your country, a higher level court or a specialized court?
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Yes
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*
May a judgment of that court enforcing the award or denying enforcement be appealed to a higher court or courts?
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Yes
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If Yes, indicate the name of the court(s) of appeal
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Bombay High Court; and Supreme Court of India.
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Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "invalidity of the underlying arbitration agreement or lack of capacity of a party"?
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Yes
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Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of lack of a fair hearing?
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Yes
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Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award deals with matters outside the scope of the arbitraton agreement?
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Yes
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Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law?
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Yes
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Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the award was set aside in the country where it was made?
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Yes
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Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the subject matter of the dispute not subject to arbitration?
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Yes
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Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of public policy?
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Yes
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*
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "error of law"?
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Yes
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*
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award not supported by substantial evidence?
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No
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*
Under your national law, list additional grounds under which an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts
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As per section 34 of the Act, (1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-sectio ...moren (3). (2) An arbitral award may be set aside by the Court only if- (a) the party making the application furnishes proof that- (i) a party was under some incapacity; or (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or (v) the composition of the arbitral Tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part; or (b) the Court finds that- (i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or (ii) the arbitral award is in conflict with the public policy of India. Explanation : Without prejudice to the generality of sub-clause (ii), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of India if the making of the award was induced/ or affected by fraud or corruption or was in violation of section 75 or section 81. (3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral Tribunal: Provided that if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter. (4) On receipt of an application under sub-section (1), the Court may, where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral Tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of arbitral Tribunal will eliminate the grounds for setting aside the arbitral award. ...less
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*
What is the likelihood that your courts would enforce a foreign award if no objection to enforcement were filed?
Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases
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3
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*
Number of days on average necessary to enforce a foreign arbitration award in your country:
(a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ?
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60
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*
Number of days on average necessary to enforce a foreign arbitration award in your country:
(b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed?
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60
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Number of days on average necessary to enforce a foreign arbitration award in your country:
(c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal?
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365
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*
Number of days on average necessary to enforce a foreign arbitration award in your country:
(d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)?
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180
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Comment
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The procedures are tedious and it is difficult to quote exact time. In the event that the Supreme Court of India admits the appeal, then for the matter to be disposed of finally, it might take longe ...morer than the duration stated in question 38(c). No separate application is required for execution of the award. A single application for enforcement of award undergoes a two-stage process. In the first stage, the court considers the enforceability of the award on accordance with the Act. If the award is found enforceable, the court takes steps for enforcement. In terms of Section 50 of the Act, the order of the court refusing to enforce a foreign award is appealable. However, interestingly (unlike for domestic awards), an order upholding the foreign award is not appealable. Further, no second appeal can be maintained against the order refusing to enforce a foreign award. However, Section 50 of the Act gives liberty to the aggrieved party to approach the Supreme Court by way of appeal for the redress of its grievance in all circumstances. ...less
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In arbitrations involving a state or state entity, can your court(s) review the arbitration award on its merits in connection with recognition and enforcement proceedings?
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No
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Additional Comment
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On question 34 (Under your national laws are foreign arbitration awards entitled to recognition and enforcement by the courts of your country?): Under the Act, a foreign award by definition mean ...mores an award passed in such territory as the Government of India by notification may declare to be a territory to which the New York Convention applies. Hence, even if a country is a signatory to the New York Convention, a further notification by the Government of India declaring that country to be a reciprocal territory to which the New York Convention applies will be needed for the enforcement of a foreign award in India.
On Overview question (Do the courts in your country generally recognize and enforce arbitration awards made in other countries?): The recognition and enforcement of an arbitration award depends upon various factors as has been enumerated in these charts. Section 48 of the Act lays down the conditions for enforcement of a foreign arbitral award, i.e. an arbitral award, which is made outside India. Under the Act, a foreign award is enforceable and binding; however, the enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if such party furnishes to the Court proof of, specifically, the following: (i) the parties to the agreement were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or under the law of the country where the award was made; or (ii) the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iii) the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration; or (iv) the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or (v) the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. Section 48 of the Act further provides that enforcement of an award may also be refused by a Court in India, if such Court finds that (a) the subject matter of the difference is not capable of settlement by arbitration under the laws of India; or (b) the enforcement of the award would be contrary to the public policy of India. ...less
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