CEU Electronic Theses and Dissertations, 2019
| Author | Sadashivaiah, Abhijith |
|---|---|
| Title | Implementation Of Foreign Arbitral Awards In Indian Courts: Analytical Study On The New York Convention, 1958 |
| Summary | The purpose of this thesis is to emphasize the implementation and enforcement of the foreign arbitral awards in the Indian Courts, irrespective of the state Jurisdiction and independent laws. It is a challenge to the Courts to enforce an arbitral award which is passed outside the country in a different jurisdiction or the seat outside India but following the New York Convention. The purpose of consideration of The Convention is that India is one of the signatories in the said Convention. When the proceedings of arbitration are based on the laws comprised by The Convention and thus chosen as substantive law of the proceedings, then the award which is passed by the arbitration proceedings shall be binding on both the parties. So the consideration of the arbitral awards in the Indian Courts is quite a challenge as to enforce it on the parties. The thesis mainly observes on the consideration of the award by discussing three cases from the date of passing of The Foreign Awards (Recognition and Enforcement) Act, 1961 or the ratification of The New York Convention till 2018. There is a detailed comparative study on the cases and the consideration of the foreign award in the Indian Courts and executing the same upon the parties who are liable. Therefore, it is the observation made on the changes which can be found in executing the awards on the parties in the local jurisdictions and discuss the reasoning given by the courts in each of the cases, to ensure and analyse that how well are the Indian Courts are flexible in considering the foreign awards and enforce it on the parties and it is also important to note that how are the awards considered which are conflicting with the local jurisdictional laws and if so, what kind of provisions to overcome it. |
| Supervisor | Petsche, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/sadashivaiah_abhijit.pdf |
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