The book is a comprehensive commentary on the execution and enforcement of arbitral awards in India. It is intended as a practical guide to the enforcement of arbitral awards, for both domestic and foreign seated arbitrations. The book critically analyses the arbitration law in India and draws comparisons with the regime set out by the New York Convention. In doing so, it also describes the theoretical underpinnings of the Arbitration Act, and its application by the courts over the years. The authors also refer extensively to the case law in other jurisdictions and provide guidance as to how such jurisprudence might apply in India.
• Analytical commentary on recognition and enforcement of arbitration awards in India.
• Examines the relevant provisions of: (i) The Arbitration and Conciliation Act, 1996. (ii) Code of Civil Procedure, 1908. (iii) New York Convention.
• Each chapter sets forth the position of law before and after the Arbitration and Conciliation (Amendment) Act, 2015.
• Judicial decisions in India and other jurisdictions, including France, Spain, Australia and England have been analysed.
• Distinguishes the process to enforce and execute awards rendered by arbitral tribunals seated in India and / or outside India.
• Expounds on the key aspects relating to enforcement of arbitral awards including: (i) Form and Contents of an Arbitral Award (ii) Choice of Remedies against an Award (iii) The Applicability of the New York Convention in India (iv) Procedural Challenges to a Foreign Award (v) Manner of Executing an Award