Title: To Enforce or Not to Enforce - Laying a Standard of Enforcement of Annulled Awards in India
Author(s): Gracious Timothy Dunna (View Profile)
Journal: Indian Review of International Arbitration
Is it proper for Indian courts to refuse enforcement of annulled awards simpliciter and give effect to a foreign judgment annulling the award? This remains unanswered, and this piece attempts to address this by laying down a suitable standard for India. It first examines the different positions taken internationally, like the internationalist, territorial, and conflict-of-laws approaches. It concludes that the best approach for India to develop its standard of enforcement of annulled awards would be the conflict-of-laws approach. In arriving at this position, this piece journeys through Section 48(1)(e) of the Arbitration and Conciliation Act, 1996 ["A&C Act"] and some fundamental principles of arbitration.
Keywords: Annulled Awards; Set-Aside Awards; Standard of Enforcement; New York Convention; India; Section 48; 1996 Act
Cite this as: Gracious Timothy Dunna, To Enforce or Not to Enforce - Laying A Standard of Enforcement of Annulled Awards in India, 1 IRIArb 114, 114-141 (2021).
*The views expressed are of author(s) only.