such an application would be governed by the residuary
Article 137 and therefore, an application for execution of a foreign
Award which ... foreign Award in his favour to make an application only for
recognition of the foreign Award and thereafter to make a separate
application
such an
application would be governed by the residuary Article
137 and therefore, an application for execution of a
foreign Award which ... foreign Award in his
favour to make an application only for recognition of
the foreign Award and thereafter to make a separate
application
above named petitioners have filed the present application for enforcement of foreign award (award of the London Court of International Arbitration ... enforcement of award before filing an application for execution of a foreign award. The Supreme Court considered the question and repelled
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
available for execution. In other words, the party must separately apply before filing an application for execution of a foreign award ... foreign award, no execution proceedings can lie for the execution of such a foreign award.
12. In my view the plea
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
Awards are thus Foreign Awards. It is averred that the
Awards are final and binding on the parties and enforceable in India ... Arbitral Award which was a Foreign Award in its
favour and filed an application for its execution. Respondent had
challenged the Award
decree holder filed an execution application in this court against the respondent for execution of the foreign award passed by the arbitrators ... Arbitration Act seeking for enforcement of the foreign award. A foreign award becomes binding between the persons as against whom the same
subject
foreign awards. For, the same was
intrinsically linked to the question of
enforceability of the subject foreign awards. In
any case ... provides that the award-holder
"shall" produce such evidence along with the
application for enforcement of a foreign
award, this being
arbitral award is sought. This means that a court enforcing a foreign award
focuses on the relief specified in the award. This ... does not require a
fragmented approach to the execution of foreign awards.
II. The Arbitral Tribunal acted within the ambit of its jurisdiction
