Foreign Awards Act and the Act in so far as enforcement of foreign awards is concerned, under the Foreign Awards ... that foreign Award, one application for recognition of that foreign Award by the Court and the second application for execution of that
vested right to have the foreign award enforced under the
Foreign Awards Act (Foreign Awards (Recognition and
Enforcement ... foreign award to have that award
enforced under the Foreign Awards Act.
42. We, therefore, hold that the award given
foreign award is already stamped as a decree and the party holding the
foreign award can apply for enforcement of the award ... available for
execution. In other words, the party must separately apply
before filing an application for execution of a foreign award
foreign arbitral award
made on or after 11th October 1960 is a New York convention award and
a foreign arbitral award made ... foreign award in the award enforcement stage. The
scope of inquiry under Section 48 does not permit review of the foreign
award
Decree Holder made
an application on 23.07.2015 to transfer the
certified copy of entire Execution
Application including the Foreign Award dated ... Certified copy of
the Execution Application No.240 of 2011
including the Foreign award dated 17.01.2011,
Order of the Bombay High Court dated
Limitation Act specifically for making an
application for execution of a foreign Award which
is capable of being converted into a decree ... such an application
would be governed by the residuary Article 137
and therefore, an application for execution of a
foreign Award which
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
Foreign Awards (Recognition and Enforcement)
Act, 1961 . A party holding a foreign award was required to
take recourse to these enactments. The Preamble ... that while under the Foreign
Awards Act a decree follows, under the new Act the
foreign award is already stamped as the decree
foreign awards. As per Section 49, if the Court is satisfied that a foreign award is enforceable under this Chapter, the award ... enforcement of the foreign award in question has been proved on record, the foreign award stands satisfied and the award must
Digest? Yes.
JUDGMENT
The Execution Petitioner/Decree Holder filed this
petition/application for enforcement of foreign award dated 22.1.2001 under Part
II Chapter ... that a
foreign award required registration from another angle. He
said that the foreign award has already merged in the foreign
judgment
