Multilateral Conventions on Award Enforcement across Countries
India is a party to the Geneva Protocol on Arbitration Clauses of 1923, the Geneva Convention on Execution of Foreign Arbitral Awards, 1927 and the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. India had enacted implementing legislations to give effect to the Protocol and two Conventions.
The Arbitration (Protocol and Convention) Act, 1937 gave effect to the Protocol of 1923 and the Geneva Convention of 1927 in India. It provides for enforcement in India of foreign awards made in Geneva Convention countries.
Similarly, the Foreign Awards (Recognition and Enforcement) Act, 1961 has been made for execution in India of foreign awards delivered in New York Convention countries.
There are no bilateral convention between India and any other country on arbitration.
New York Convention Awards
Most of the trading countries of the world including India are parties to the New York Convention of 1958 for enforcement of foreign arbitration awards in their domestic jurisdictions. In order to be eligible for enforcement in India the foreign award must have been made in a convention country, which has ratified the New York Convention.
India has enacted follow up legislation to implement the said convention. The Foreign Awards (Recognition and Enforcement) Act, 1961 enabled the execution of foreign awards in India under the New York Convention. The Arbitration and Conciliation Act of 1996, which includes corresponding provisions for enforcement of foreign awards, repealed the said Act.
New York Convention awards includes those foreign awards made after 11th October, 1960 on commercial disputes in notified foreign countries that have ratified the New York Convention by including reciprocal provisions for enforcement of Indian award in those countries. Accordingly, India is also obliged to implement the foreign awards covered by the New York Convention in her domestic jurisdiction. Moreover, in view of the provisions of Section 52 of the Arbitration and Conciliation Act, 1996 the earlier Geneva Convention of 1927 on enforcement cannot apply to foreign awards made in notified foreign countries that have ratified New York Convention by making reciprocal provisions as aforesaid.
