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.
Ans: The meaning of Arbitrium est judicium boni viri secundum is that an award is the judgement of a good man ,according to justice. Or In accordance with justice, an award is the judgement of good man. It is clear that award is nothing but judgement of good man. AEJBVS: 1. Aribitrium est judicium 2. Boni 3. Viri Secundum Arbitration east judiciary Boney Kapoor War Secundrabad. Points to remember: 1. The judgement of arbitrator is an award. An award is the judgement of good man , according to justice. Arbitrium est judicium Boni viri secundum (Boni veer secundum) There are two types of award domestic award and foreign award. Domestic award is mentioned under part 1(section 2 to section 43) of Arbitration and Conciliation Act, 1996 whereas Enforcement of foreign award is mentioned under part 2( Section 44 to section 60) of arbitration and conciliation act, 1996. Part 3( section 61 to section 81 ) of arbitration...
Ans: While it is possible for a party to a dispute to appoint a sole arbitrator, there must be an agreement between the parties to do so and the procedure prescribed by it must be followed. Thus, a party cannot appoint a sole arbitrator and impose the appointment on the other party if the agreed procedure is not followed. Each party shall appoint one arbitrator . The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator. Thus, there must be minimum 3 arbitrators in arbitration tribunal.
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