agapi (doctor) 15 June 2009
IF IN AN ARBITRATION PROCEEDING, ONE PARTY IS INDIAN AND THE OTHER PARTY IS FOREIGNER AND THE ARBITRATION PROCEEDING IS HELD OUTSIDE OF INDIA BUT THE LAW OF PROCEEDINGS IS INDIAN LAW AND THE ARBITRAL AWARD IS ENFORCEABLE IN INDIA----THEN THE EXECUTION PETITION TO BE FILED AS FOREIGN ARBITRATION OR AS DOMESTIC ARBITRATION?
N.Ramakrishnan (Advocate/ Senior Partner) 15 June 2009
Dear Agapi,
The award will be treated as one passed in India under the Indian Laws as the laws applicable were Indian Laws and only the seat of arbitration as outside.
Thanks
Ramakrishnan, ADV
agapi (doctor) 15 June 2009
does that mean I have to enforce the award as domestic award? and not as international award? does that mean the award is itself a decree and could be enforceable without being recognized by court as they do in case of foreign awards?
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