LAW ET JUSTICIA LAW REVIEW

VOLUME 1 ISSUE 2

THE OTHER HALF OF A HALF-WON BATTLE: ENFORCING OF A FOREIGN ARBITRAL AWARD

AUTHORED BY:

PREKSHA GUPTA, 

Student,

University school of Law and Legal Studies, GGSIPU

CO-AUTHORED BY:

-

ABSTRACT

In this era of globalization, growing complex commercial relationships expanding over several countries have necessitated the creation of an efficient method of resolution for any disputes arising in relations like arbitration. The theoretical view for this preference towards an arbitral award rather than a court judgement lies on the enforcement of the arbitral award seeming easier on the surface because of the contractual nature of such an award. The actual, practical scenario for this preference will be that there are more bilateral treaties and multilateral conventions easing the way for enforcement of foreign arbitral awards than the enforcement of a foreign court decision. However, problems still persist, as securing of an award in favour from the arbitral tribunal may only be a half-won battle while the other half of the battle is still left warring on the enforcement of the received award (even with many bilateral treaties and multiple conventions soothing the way). The author in this paper aims to discuss Enforcement of Awards in International Commercial Arbitration as well as the issues that persevere along with the Enforcement Scenario of Foreign Arbitral Awards in India.

This essay aims to understand International Commercial Arbitration, the process of execution of an arbitral award in India and otherwise, and the need for balancing of judicial intervention and freedom of interpretation of laws in the enforcement of such awards.

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