December, 2014.
The award-holder has filed an application for enforcement of a foreign
award in November 13, 2013.
Initially, the execution application ... execution of the foreign award. However, the
enforcement of the foreign award is a step subsequent to acceptance of the
execution application and could
available for execution. In other words, the party must separately apply before filing an application for execution of a foreign award. The Arbitration and Conciliation ... foreign award. The only difference as found is that while under the Foreign Awards Act a decree follows, under the new Act the foreign award
APPLICATION NO. 240 OF 2011
IN
FOREIGN AWARD DATED 17TH JANUARY, 2011
Vitol S.A. ...Applicant/Award Holder
Vs.
Bhatia International Limited
ig ...Respondent/Award ... award.
2. Vitol has sought to execute the award dated 17th January,
2011 as a Foreign award. The execution application has been
taken
foreign award. The only
difference as found is that while under the Foreign
Awards Act a decree follows, under the new Act the
foreign award ... foreign
award is enforceable, it can proceed to take further
effective steps for execution of the same. There
arises no question of making foreign award
foreign award and observed that once the court decides that foreign award is enforceable, it can proceed to take further effective steps for execution ... move for execution of the Award. In the light of that:
(1) Enforcement of the foreign Award is allowed.
(2) As the Award
respondent that the award sought to be enforced and executed by the petitioner by this application is not a foreign award within the meaning ... application the petitioner complied with the necessary requirements of Section 47 of the Act. The application for enforcement and execution of the foreign award
under the new
Act foreign award is already stamped as a decree and, therefore, a
party holding a foreign award can apply for enforcement ... enforcement of foreign award,
there is no need to take out separate proceedings one for
enforceability of the foreign award and to make rule
supra).
It is submitted that the instant application is not an application for
enforcement of a foreign award under Section 48 of the Arbitration ... execution under Section 48 of the Arbitration and
Conciliation Act, 1996. The instant application for dismissal cannot be used
indirectly for enforcing a foreign award
Part-I itself has no application to a
Foreign Award, Section 42 of the Act would have no
application either. This view of the Bombay ... since Part I itself had no application to a Foreign Award,
Section 42 would have no application. This view of the
Bombay High Court
enforcement, and for challenging foreign awards
and domestic awards are very different. If the award is a foreign award, the
enforcement of the same ... award to be
a `domestic award';
30. Accordingly, declaring the award in the present case to be a domestic
award, the application under Section
