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VOL. 9, ISSUE 5 (2023)
Enforcement of foreign arbitral awards in India: LEX FORI grounds
Authors
Monica Raje
Abstract
The true success of the arbitration procedure
is determined by the ease with which a jurisdiction enforces a foreign arbitral
award. This paper analyses the ground on which the forum where recognition and
enforcement of the foreign arbitral award is sought may refuse to enforce the
award. Article V of the United Nations Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (New York Convention) recognises two
grounds as lex fori grounds to refuse to enforce a foreign arbitral
award. If the subject matter of the dispute is not capable of being settled by arbitration,
the forum may refuse to enforce the foreign arbitral award. Secondly,
enforcement is ‘opposed to the public policy’ of the country where recognition
and enforcement is sought is the ground which is raised when everything else
fails. However subject matter which is capable of arbitration varies from
jurisdiction to jurisdiction. Similarly, some forums have recognised public
policy at two levels; domestic and international. Hence what may be considered
as against public policy in the domestic context may be considered amenable to
settlement by arbitration in the international context. Due to the varying
interpretations by forums regarding the lex fori grounds, parties to an
arbitration run the risk of the award being rejected by the forum under Article
V (2) of the New York Convention.
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Pages:50-55
How to cite this article:
Monica Raje "Enforcement of foreign arbitral awards in India: <i>LEX FORI</i> grounds". International Journal of Law, Vol 9, Issue 5, 2023, Pages 50-55
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