This index compares the strength of countries’ arbitration regimes by examining the laws and regulations governing domestic and international arbitrations, as well as the countries’ adherence to specific international conventions.

Question	Answer
* Does your national law recognize arbitration as a means of dispute resolution between private parties in commercial transactions?	Yes
* Has your country enacted a specific statute on commercial arbitration?	Yes
Please list the relevant laws and the years of their adoption	Arbitration and Conciliation Act, 1996, which repealed the Arbitration Act, 1940.
* Please indicate the Web site(s) where the statute(s) can be consulted	http://indiacode.nic.in www.manupatra.com (subscription only)
Is the statute based on UNCITRAL?	Yes
Comment	The Arbitration & Conciliation Act, 1996 is based on the UNCITRAL model and does not have material difference with the UNCITRAL Model. Following are a few significant additions in the Act which hav ...moree not been dealt with in the Model Law: 1. Section 9 (Interim measures). Article 9 of the Model Law merely expresses the principle that a request for any court measure available under a given legal system and the granting of such measure by the Court is compatible with the fact that the parties had agreed to settle their dispute by arbitration. However, Section 9 of the Act is a broad one and includes a range of interim measures that may be granted by Court, including pre-award attachments. It enables a party to approach a competent court for interim relief before or during the arbitral proceedings or even after the award is pronounced, but before it is enforced. In contrast, Article 9 of the Model Law does not permit recourse to a court for an interim measure after the award is pronounced. 2. Section 36 (Enforcement) - This is a new provision which makes the award automatically enforceable as a decree without aid or intervention of the court. This provision travels beyond what is provided in Articles 35 and 36 of the Model Law under which an arbitral award becomes enforceable only upon application for its enforcement being made by a party and the application being allowed by the court. 3. Section 37 (Appealable Orders). This provision in the Act provides for appeals that may lie to a court from an order of the tribunal (as stated therein), whereas the Model Law has no such provisions. 4. Section 39 (Lien on Arbitral Award and Deposits as to Costs). The Model Law does not have a corresponding provision dealing with the same. 5. Section 40 (Arbitration Agreement Not to Be Discharged By Death of Party thereto). An arbitration agreement is not extinguished by the death of any party to the agreement either as respects the deceased or any other party. On such death it is enforceable against the legal representative of the deceased, provided the right to sue or be sued survives. 6. Section 41 (Provisions in case of Insolvency). The Model Law does not deal with this topic. 7. Applicability to Domestic and International Arbitration. As the Act has been enacted to cater to both domestic as well as international arbitrations, provisions have been added to facilitate the same. (eg. Sections 2(2), 2(3), 2(4), 2(5), 2(7), 42, 43, 66, and Part IV). 8. Enforcement of Foreign Awards. Moreover, the Act includes provisions for enforcement of foreign awards as under the New York and Geneva Conventions. (E.g., Sections 44, 45, 46, 47, 49, 50,51, 53, 54, 55, 56, 57, 58, 59, 60). The significant differences are in relation to appointment of arbitrators as set out in Section 11 and the application for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 when compared to the respective provisions in the UNCITRAL Model Law. 9. Definition of International Arbitration. Unlike the UNCITRAL Model Law, the Arbitration and Conciliation Act, 1996 has defined international commercial arbitration. 10. Court Intervention. The Act is far more restrictive in allowing court intervention as compared to the Model Law. While Section 8 of the Act states that the Court must direct the parties to seek redress through arbitration once they have contracted for arbitration, the corresponding provision under the Model Law (Article 8) permits the court to entertain an objection to the effect that the arbitration agreement is 'null and void, inoperative or incapable of being performed'. This deviation only indicates the legislative intent to let the arbitral proceeding continue unobstructed without judicial intervention. 11. Arbitral Tribunal’s Order on Jurisdiction not Appealable. Section 16 of the Act provides that the arbitral tribunal can rule on its own jurisdiction, including any objection with respect to the existence or validity of the arbitration agreement. Under the Act, if the arbitral tribunal rejects an objection or plea regarding its jurisdiction, it can continue with the arbitral proceedings and make the award. Such an order passed by the arbitral tribunal under Section 16 of the Act is not appealable under the Act, which is contrary to the position under the Model Law. The corresponding article under the Model law provides for recourse to a court from a decision of the arbitral tribunal rejecting a challenge to its jurisdiction. Under the Act, even though such an order is not appealable, a party aggrieved by such an arbitral award can make an application for challenging the same to the applicable court. ...less
Are there other codes, statutes or legislative provisions governing commercial arbitration in your country?	Yes
Please list the relevant laws and the years of their adoption	Code of Civil procedure 1908; Indian Contract Act 1872. In India, Arbitration may be voluntary or compulsory. Arbitration is compulsory when a statute enforces the consent of one of the ...moreparties. Any such arbitration conducted in accordance with the provisions of such acts is commonly known as Statutory Arbitration in India. Certain central acts (enacted by the Government of India) and state acts (enacted by the governments of various states) have provisions for arbitration which are to be followed in respect of disputes arising out of matters covered by those acts. Provisions of Part I of the Act apply to such arbitrations unless they are inconsistent with the particular provisions of the relevant central and state acts, in which case the provisions of those acts will apply. Some of such statutes are: Aircraft Act, 1934; Antiquities and Art Treasuries Act, 1972; Co-operative Societies Act, 1912; Cantonments Act, 1924; Defense of India Act, 1971; Electricity (Supply) Act, 1948; Industrial Disputes Act, 1947; Indian Trusts Act, 1882; Land Acquisition Act, 1894; Presidency Towns Insolvency Act, 1909; Religious Endowments Act, 1863; Telegraph Act, 1929. ...less
List web sites	www.indiacode.nic.in www.supremecourtofindia.nic.in www.manupatra.com (subscr ...moreiption only) ...less
Definition of domestic arbitration	Domestic arbitration has not been defined under the Act. Arbitration means any arbitration whether or not administered by permanent arbitral institution. Section 2(1)(b) defines Arbitration A ...moregreement as an Agreement referred to in Section 2(7) of the Act. Section 2(2) of the Act provides that Part I shall apply where place of Arbitration is in India and Section 2(7) states that the award made under Part I of the Act shall be considered as a Domestic Award. Section 7 defines an arbitration agreement as follows: (1) In this Part, "arbitration agreement" means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. (2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. (3) An arbitration agreement shall be in writing. (4) An arbitration agreement is in writing if it is contained in – (a) a document signed by the parties; (b) an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement; or (c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other. (5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract. One of the views adopted is that a 'domestic arbitration' means an arbitration in which the arbitral proceedings are held in India, and in accordance with Indian substantive and procedural law and the cause of action for the dispute has wholly arisen in India or where the parties are subject to Indian jurisdiction. ...less
Definition of international arbitration	International commercial arbitration means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India ...more and where at least one of the parties is- (i) an individual who is a national of, or habitually resident in, any country other than India; or (ii) a body corporate which is incorporated in any country other than India; or (iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than India; or (iv) the Government of a foreign country. ...less
* Are the following types of disputes arbitrable under your country’s national law: (a) Disputes involving rights over immoveable property located within your country:	Yes
* (b) Any intra-company disputes( e.g., disputes over decisions made by the executive bodies of a corporation):	Yes
* (c) Disputes involving shareholder arrangements:	Yes
* (d) Disputes involving patents/trade marks (excluding administrative actions):	Yes
(e) Securities transactions:	Yes
List any additional commercial matters not listed above which are not arbitrable under your national law:	On question 4(b) (Are the following types of disputes arbitrable under your country's national law: (b) any intra-company disputes, e.g., disputes over decisions made by the executive bodies of a cor ...moreporation?): It is assumed that the disputes between shareholder(s) and directors or management are not arbitrable. On question 4(c) (Are the following types of disputes arbitrable under your country's national law: (c) disputes involving shareholder arrangements?): However, allegation of mismanagement and / or oppression have to be adjudicated before a quasi judicial forum known as "Company Law Board". On question 4(d) (Are the following types of disputes arbitrable under your country's national law: (d) disputes involving patents/trade marks (excluding administrative actions)?): Where disputes are of contractual nature the same can be arbitrated while those of tortuous nature will have to be litigated before the competent court. On question 4(e) (Are the following types of disputes arbitrable under your country's national law: (e) securities transactions?): Disputes with a stock broker or inter se stock brokers, etc., are subject to statutory arbitration. List any commercial matters not listed above which are not arbitrable under your national law: (1) nonpayment of admitted and acknowledged debt; (2) income tax and other tax disputes; (3) industrial disputes; (4) matrimonial disputes, other than settlement of terms of divorce or separation; (5) probate proceedings; (6) guardian appointments; (7) insolvency proceedings; (8) motor vehicle accident compensation; (9) all matters which fall in the jurisdiction of specified statutory tribunals; (10) the questions of title to immovable property in a foreign country; (11) all criminal matters, including commercial matters involving criminal offences; (12) rental of premises; and (13) there is uncertainty whether a claim of a bank in India which is essentially recoverable in a nature of a debt (as artificially defined) can be a subject matter of arbitration. ...less
* Under your national law, is an arbitration agreement severable from the main contract?	Yes
* Can an arbitration agreement be incorporated by reference?	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (a) by electronic communication, including email	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (b) by fax	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by oral agreement	No
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by conduct e.g., performance on the part of one party	Yes
* Has your country ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards?	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (a) Concession agreements	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (b) Infrastructure contracts (e.g, construction contracts)	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (c) Contracts dealing with natural resources (e.g., contracts dealing with water rights, mining, oil and gas, etc.)	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (d) Other types of contracts/transactions (please list all that apply in the “Comments” column)	Yes
Comment	All types of agreements stated above are case specific. Several industries illustratively power, telecom, etc. are regulated by separate statutes and these statutes have established regulatory autho ...morerities therein, the jurisdiction of which cannot be ousted by the parties. Almost all contracts entered with the state contain relevant arbitration clause, wherein the arbitrator is either a named officer of the department or an institutional arbitration tribunal. In Indian, certain central acts (enacted by the Government of India) and state acts (enacted by the state governments) have provisions for any such arbitration conducted in accordance with the provisions of such acts is commonly known as Statutory Arbitration in India. Provisions of Part I of the Act apply to such arbitrations unless they are inconsistent with the particular provisions of the relevant central and state acts, in which case the provisions of those acts will apply. ...less
* Has your country ratified the ICSID Convention?	No
** Has your country adopted a specific statute on commercial mediation or conciliation of commercial disputes?	Yes
Comment	Part III of The Arbitration and Conciliation Act, 1996.
Additional comment	The Act, modeled on the lines of the UNCITRAL Model Law on International Commercial Arbitration, comprehensively covers both arbitration and conciliation. It makes provisions for an arbitral procedu ...morere which is fair, efficient and capable of meeting the needs of different kinds of disputes. It also ensures that the arbitral tribunal remains within its jurisdiction and conducts the arbitral proceedings by giving a fair chance to the parties before it. The Act also ensures minimal role of the courts in the arbitral process. Further, all awards passed by a competent arbitral tribunal are recognized and enforced as decrees of the court. The grounds under which an award (domestic / international) can be set aside as under the Act are limited and well formed. Thus, the Arbitration and Conciliation Act, 1996 is an exhaustive statute governing arbitrations and conciliations in India. However, the court rulings have reduced the efficacy of the Act. The courts needlessly interfere with arbitration process and awards. The purview of a challenge under ‘public policy' has been widened and is now understood in the broad domestic sense rather than the narrow international sense. Further, international awards are also open for challenge in India. ...less

* Scored ** Bonus Question

This index compares the extent of judicial assistance before, during, and after the arbitration proceedings.

Question	Answer
* 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?	Yes
Comment	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
* 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?	Yes
Comment	N/A
* 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	3
* 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	3
Comment	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
* 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?	Yes
* 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?	Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted In domestic arbitrations?	Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted in international arbitrations?	Yes
Comment	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
* 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?	Yes
* 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?	Yes
* 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	2
List the law and article which provide for courts' assistance with interim relief.	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.
Comment	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
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)?	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
** Is the court for enforcement of arbitration awards rendered in your country, a higher level court or a specialized court?	Yes
* May a judgment of that court enforcing the award be appealed to a higher court or courts?	Yes
May a judgment of that court denying enforcement of the award be appealed to a higher court or courts?	Yes
If Yes, indicate the name of the court(s) of appeal	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
* 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?	No
* 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?	No
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?	Yes
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?	Yes
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?	Yes
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?	Yes
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?	Yes
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?	Yes
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?	Yes
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?	Yes
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.	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
* 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	2
* 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	2
* 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 ?	30
* 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?	60
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?	365
* 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)?	143
Comment	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
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)?	Bombay High Court
** Is the court for enforcement of arbitration awards rendered outside your country, a higher level court or a specialized court?	Yes
* May a judgment of that court enforcing the award or denying enforcement be appealed to a higher court or courts?	Yes
If Yes, indicate the name of the court(s) of appeal	Bombay High Court; and Supreme Court of India.
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"?	Yes
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?	Yes
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?	Yes
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?	Yes
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?	Yes
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?	Yes
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?	Yes
* 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"?	Yes
* 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?	No
* 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	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
* 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	3
* 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 ?	60
* 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?	60
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?	365
* 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)?	180
Comment	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
* 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?	No
Additional Comment	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

* Scored ** Bonus Question