Nishith Desai Associates
3 Experts
3 Contributions by Nishith Desai Associates Experts
PRACTICE NOTES
Recognition and enforcement of arbitral awards in India
Recognition and the enforcement of arbitral awards in India are principally regulated by the Arbitration and Conciliation Act 1996 (ACA 1996), as amended, alongside the Code of Civil Procedure 1908 (CPC). Both domestic and overseas awards are implemented in the same fashion as a decree of an Indian court, including consent awards arising from party settlements. There is, nevertheless, a procedural divergence for enforcement depending upon the arbitration seat. Enforcement and execution of an India-seated arbitral award (a domestic award) fall under ACA 1996, Pt I, whereas awards seated abroad (foreign awards) are enforced pursuant to ACA 1996, Pt II. Part II of ACA 1996 incorporates, and gives effect to, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) and the Convention on the Execution of Foreign Arbitral Awards (the
Arbitration
PRACTICE NOTES
This Practice Note explores objections to the jurisdiction of arbitral tribunals under the Indian Arbitration and Conciliation Act 1996 (ACA 1996), as updated and amended, as well as anti-suit and anti-arbitration injunctions in this context. Note: Indian judgments cited in this Practice Note are not reported by LexisNexis® UK.
The Arbitration and Conciliation Act 1996 (as amended)
Arbitration law in India is set out comprehensively in the Arbitration and Conciliation Act 1996 (ACA 1996). The ACA 1996 was revised by the Arbitration and Conciliation (Amendment) Act 2015 (the 2015 Amendment), and later by the Arbitration and Conciliation (Amendment) Act 2019 (the 2019 Amendment), respectively. This Practice Note addresses the legal position under the ACA 1996 following the 2015 Amendment and the 2019 Amendment. The discussion reflects the statute’s position following both sets of
Arbitration
PRACTICE NOTES
Interim measures are frequently required in arbitration to safeguard a party before, throughout, and, where necessary, after an award has been issued. Such orders are typically granted to ensure that any award can be enforced against relevant assets and is not rendered ineffectual. This Practice Note outlines the interim measures available under Indian law to parties to arbitration.
Note: Indian judgments referred to in this Practice Note are not reported by LexisNexis®.
The Arbitration and Conciliation Act 1996 (as amended)
Indian arbitration law is governed by the Arbitration and Conciliation Act 1996 (ACA 1996). The ACA 1996 was amended by the Arbitration and Conciliation (Amendment) Act 2015 (the 2015 Amendment), and later by the Arbitration and Conciliation (Amendment) Act 2019 (the 2019 Amendment). This Practice Note considers the legal position under the ACA 1996 following the 2015 and 2019 Amendments. The ACA 1996 is
Arbitration
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