Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Rajasthan - Section

Section 5 in Rajasthan Arbitration Rules, 2003

5.

An application for enforcement of foreign award under Section 47 or 56 of the Act shall be in writing and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case. The application shall be accompanied by :
(a)the original award or a copy thereof, duly authenticated in the manner required by the law of the country in which it was made;
(b)the original agreement for arbitration or a duly certified copy thereof;
(c)such documentary evidence as may be necessary to prove that the award is a foreign award,
(d)where the award or the agreement aforesaid is in a foreign language, a translation into English certified as correct by a Diplomat or Counselor of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in India.
The application for enforcement of an award under Section 56 shall be further accompanied by an affidavit or affidavits showing that,-
(i)the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto;
(ii)the subject-matter of the award is capable of settlement by arbitration under the law of India;
(iii)the award has been made by the arbitral tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and conformity with the law governing the arbitration procedure;
(iv)the award has become final in the country in which it has been made, in the sense that it will not be considered as such if it is open to opposition or appeal or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending;
(v)the enforcement of the award is not contrary to the public policy or the law of India.