Q: What is Foreign Arbitration ?

Ans:
Foreign awards are granted in foreign countries for any dispute referred to arbitration in international cases and are enforceable in India under the Act. It is divided into two chapters under the Act:

The New York Convention

The Geneva Convention 


 When both of the parties are foreigners they have mutually agreed to follow rules of a foreign land through arbitration while dealing with legal disputes, it is called foreign arbitration. In such cases, regardless of whether the arbitration takes place in India or or in the other country, foreign arbitration laws are followed. In such arbitration, a "foreign award" is sought to be enforced.

For India, when an arbitration proceeding is conducted in a place outside India, it is called foreign arbitration. 

Section 44: Foreign award for geneva convention. Foreign award is given in international commercial arbitration. 

Section 2(1)(f) and Artilcle 51(d): International Arbitration. 

Comments

Popular posts from this blog

Q: How does rule 13 of national legal services authority rules, 1995 differs from section 13 of legal services authority act, 1987 ?

Q: Can a party to an arbitration agreement appoint a sole arbitrator on his own and impose it on the other party?