foreign award under the Foreign
Awards (Recognition and Enforcement) Act (45 of 1961) was considered.
That was a case of a foreign money ... constrained to make another application for enforcement of the
award, much like another application for execution of a decree under the
CPC wherever
application as a pre-emptive
step could be filed to resist execution even before
any such application for execution of the award ... foreign award as decree
is only one facet of enforcement. Thus, enforcement of a foreign award
is a wider term than execution
seeking enforcement of
foreign Award dated 13th August 1996 and Execution Petition No.169 of
1998 seeking enforcement of the foreign Award ... foreign Award does
become enforceable as such.
14. It is argued on behalf of the JD that the foreign Awards were enforced
same."
36. This was the arena of domestic arbitration and domestic award.
International Scenario -
37. Difficulties were also being faced in the International ... 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
respondents filed Misc. Application (111 of
2009) seeking to injunct the petitioners from proceeding to enforce the foreign
award in the court of District ... seek enforcement/execution of the said award.
19. The petitioners filed Special Civil Application (12583 of 2009) before the
Hon'ble High
foreign court ordered Judgment for Abraaj for a sum which was
higher than the principle amount, which it had claimed.
Additionally, the foreign court awarded ... directly invoke the
insolvency Act, based upon such foreign ex-parte judgment/decree.
Even the foreign award can not be executed in such fashion
respondents filed Misc. Application (111 of
2009) seeking to injunct the petitioners from proceeding to enforce the foreign
award in the court of District ... seek enforcement/execution of the said award.
19. The petitioners filed Special Civil Application (12583 of 2009) before the
Hon'ble High
Marina
had an effective remedy to seek the enforcement of the foreign Award.
This Court noted Jindal's objection with regard ... entered judgment in terms of
the foreign Award.
21. Thereafter, Marina filed Execution Petition No.16 of 2006 in this
Court under Section
