provided for an
appeal in case a petition to enforce a foreign award was rejected, the High
Court held, keeping in view the legislative ... Arbitration Act impliedly bars
appeals against an application allowing execution of a foreign award, Section
13 would be out of harm
Noble Resources Limited
(respondent herein) had obtained a foreign arbitral award. He sought the
execution thereof under Section 47 of the Arbitration ... Admittedly, in the case in hand, the execution application to execute
a foreign award has been filed on 13.04.2015 before the District Judge
alleging that
the award was a foreign award, and was not enforceable. In the said
application, the Judgement Debtor has set out reasons ... challenging foreign awards
and domestic awards are very different. If the award is a foreign award, the
enforcement of the same
Tridib Bose, Adv.
The Court : This is an application for execution of a foreign award. The said
application is accompanied by the original
Advocate
Ms. Nikita Jhunjhunwala, Advocate.
The earlier execution application for enforcement of the
self-same foreign award was dismissed on 6th July ... file a fresh
application after removing the defects by producing proper
certification of the award.
In the present application, proper certification has been
furnished
Section 36 of the Act of 1996. Though
the application for execution of an Award was required to be made
before the District ... enforcement of a domestic
award under Part-I is distinct from the manner in which a foreign
award can be enforced. While provisions
Section 36 of the Act of 1996. Though
the application for execution of an Award was required to be made
before the District ... enforcement of a domestic
award under Part-I is distinct from the manner in which a foreign
award can be enforced. While provisions
application for execution of
the award being Execution No. 77 of 1976. ONGC objected
to the aforesaid execution by contending that ... been passed
by the Court in terms of an award made in a
foreign currency a sixth date also enters, the
competition, namely
Daiichi Sankyo Company
Limited seeking enforcement and execution of the Foreign Award dated 29 th
April 2016 passed by the Majority Arbitral Tribunal
comap136.17.doc
Award, if he is able to get his foreign award pronounced enforceable
against an asset which he can proceed ... merely descriptive of the "arbitral award made, or to be
made" as being a Foreign Award required to be
recognised
