Home Archives Volume 3, Issue 4 Articles Open access · CC BY-NC 4.0
Article Vol. 3 No. 4 (2020) PP. 2331 - 2346

Enforceability of Foreign Awards in India: Issues and Challenges

Lead author · Corresponding
Komal
student at Chanakya National Law University, Patna India
Co-author
Neha Pallav
student at Chanakya National Law University, Patna India
View PDF Full text
0 views 0 downloads
Abstract

Arbitration and Conciliation Act, 1996 (hereinafter referred as “Act”) governs the enforcement of foreign arbitration awards through Geneva and New York Convention. Recent years remark an expansion in the international trade which necessitates speedier mechanism of dispute resolution mechanism for dispute arising out of international contracts. However, it is still a complicated and time-consuming process to enforce an award in one country which is announced in any other country. This paper deals with the position of India. It explores the meaning of Foreign Awards as prescribed under the Act and various laws relating with the enforcement of Foreign Awards in India. It further discusses the role of Indian judiciary in enforcement of Foreign Awards through landmark judgments. Even after enactment of various laws in this regard enforcement of Foreign Arbitral Awards is still problematic. So, this paper describes various problems which make it quite difficult to execute foreign awards in India. Further it depicts the impact of Public Policy on Foreign awards and the lastly it concludes with the suggestions as a way forward to strengthen the ADR mechanism in general and to overcome the difficulties faced so far in enforcement of foreign awards in particular.

Type
Article
Information
International Journal of Law Management and Humanities, Volume 3, Issue 4, Page 2331 - 2346
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

Export citation


        
📢 Call for Papers — Volume IX Issue IV now open  ·  Impact Factor 7.010  ·  Indexed in HeinOnline, Manupatra & Google Scholar + 1000+ Libraries  ·  Free DOI Submit Now →
Chat with us