Constitution, Enforcement and Refusal of Foreign Arbitral Awards

This research explores the constitution, enforcement, and refusal of foreign arbitral awards within the legal framework of India, both domestically and internationally. The study delves into the fundamental principle of minimal judicial intervention, crucial for fostering a pro-arbitration environment and attracting foreign investment. Despite efforts to streamline enforcement procedures, numerous obstacles impede the recognition and enforcement of arbitral awards, necessitating international cooperation and treaty agreements such as the New York Convention and UNCITRAL Model Law. Drawing from existing literature, the paper analyzes various aspects of foreign arbitral award enforcement in India. It reviews multilateral treaties, such as the New York Convention of 1958 and the Geneva Protocol of 1923, shedding light on the requirements and limitations surrounding enforcement. Additionally, it scrutinizes the legal frameworks adopted by different countries, highlighting deviations and emerging trends. The research identifies key issues pertaining to the enforcement of foreign arbitral awards, including challenges related to public policy, judicial intervention, and compliance with international standards. Through a comprehensive examination of relevant literature, the study aims to contribute to a deeper understanding of the enforcement landscape in India and its alignment with international best practices.