foreign award under the Foreign
Awards (Recognition and Enforcement) Act (45 of 1961) was considered.
That was a case of a foreign money award ... constrained to make another application for enforcement of the
award, much like another application for execution of a decree under the
CPC wherever another property
filed to resist execution even before
any such application for execution of the award is
made in that behalf Therefore, the application filed ... entertain the defence
based on the foreign award. If the award-holder produces the
evidence to enforce the award, i.e. to permit
enforcement of the Awards, the JD
prevented the DH from realizing the decretal amounts payable to it under the
two foreign Awards ... enforced was
a foreign Award in French francs. The Court has passed the decree, in terms
of an Award without fixing any date for conversion
Finance Act, 2012
UNION OF INDIA
India
Finance Act, 2012
Act 23 of 2012
Published
faced in such Arbitration, related to recognition and
enforcement of an Arbitral Award made in one country by the Courts of
other countries. This difficulty ... inadequate. It was followed by the Geneva
Convention on the execution of Foreign Arbitrated Awards, 1927 and is
popularly known as the "Geneva Convention
Shiju Jacob Varghese & Anr. vs Tower Visiion Ltd. & Ors. on 16 November, 2012
valid and the respondent
Company had wrongly chosen to file its application
under Section 9 of the Arbitration and Conciliation Act
before the Bhavnagar Court ... even for the enforcement and/or execution of the award
including foreign award, is an additional factor, to permit such
arbitration petition at agreed
respondents filed Misc. Application (111 of
2009) seeking to injunct the petitioners from proceeding to enforce the foreign
award in the court of District Judge ... section 36
of the Act, the said award became unexecutable and until the said application
filed under section 34 by the respondents was decided
Corporate Services Ltd vs . on 17 December, 2012
Author: Anoop V. Mohta
Bench: Anoop V
August 2004 it entered judgment in terms of
the foreign Award.
21. Thereafter, Marina filed Execution Petition No.16 of 2006 in this
Court under ... party applying for the
enforcement of a foreign award shall, at the time of the
application, produce before the Court -
(a)......
(b) the original agreement
