here are very limited arrangements for cross border enforcement foreign court judgments across countries. It is far more convenient to execute domestic arbitration awards in foreign countries than the judgments of local courts by virtue of reciprocal arrangements for enforcement of foreign awards by and between member nations to the New York Convention.
Moreover, enforcement of foreign court judgments in other countries is restricted to realization of money against the assets of the judgment debtor. However, there can be execution of awards of injunction and specific performance against the overseas party in addition to award for money.
Further while Governments enjoy sovereign immunity from suits and judicial proceedings in court, they can submit to arbitration binding them to any arbitral award that may be passed. There are a few international conventions for implementation of awards against member nations or states.
Execution of Foreign Award in Court Pursuant to the New York or Geneva Convention an award made in any other convention country can be enforced in Indian courts, except when:-
The submission to arbitration is not invalid or improper.
A party suffering the award was not given proper notice of the arbitration proceedings to enable him to present his case or being in a legal incapacity he was not properly represented.
The award does not deal with issues falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of submission to arbitration.
The composition of the arbitral tribunal was not as per the agreement of the parties or, not according to the law.
The award has not yet become final upon the parties in the country in which it has been made since the time for applying to the Court for setting aside the award or for filing any appeal from order made in such application has not expired or any proceeding concerning the validity of the award is pending adjudication, or the award has been set aside in the country where it was made.
The subject matter of the award was not capable of settlement by arbitration under the law of India.
Enforcement would be contrary to "public policy" or the law of India.
The applicant seeking enforcement of a foreign award in Indian Court shall file the original award and the original arbitration agreement or certified copies thereof,
Sending Parties to International
Arbitration by Courts in India
Under Sections 45 and 54 of the said Act, on the application of any party in suit the courts in India will refer the parties before it with international commercial disputes to arbitration if the subject matter is covered by arbitration agreement to which either the New York or Geneva Convention applies. When the award under the arbitration agreement is deliverable in any of the Convention countries, the corresponding Convention applies.
