Where can I enforce an arbitral award?

The arbitral award is final and binding on the parties to the dispute and for the enforcement of such award the party has to move to the court[6]. Arbitration allows the parties to have a private dispute resolution procedure and avoid national courts.

Can arbitration be enforced internationally?

Though often treated as an afterthought by parties and their counsel, the enforceability of arbitral awards matters, for failure to enforce an arbitral award will, in most cases, render that award of little or no value whatsoever. …

Is Taiwan a signatory to the New York Convention?

The requirement of reciprocity arises under Article 49 of the Arbitration Act. As Taiwan is not a signatory to the 1958 New York Convention, the reciprocity requirement can be an obstruction to the recognition of foreign awards.

How do you execute an arbitration award?

It is clear that enforcement of an Arbitral Award under the Arbitration and Conciliation Act, 1996 may be filed in any jurisdiction in the country, for execution, where such decree is capable of being executed and there is no requirement of obtaining a transfer of the decree from the court which has jurisdiction over …

How an award is enforced?

Once an award is found to be enforceable by a court, it would be enforced like a decree of that court (in accordance with relevant provisions of the CPC – as explained below). On a decree being passed, execution proceedings can be initiated for enforcement of the decree.

Is arbitration award enforceable?

Section 36 declares that an arbitral award has the force of the decree, though in fact it is not a decree. An ex parte Award passed by an Arbitral Tribunal under Section 28 of the Act is also enforceable under Sec. 36. Even a settlement reached by the parties under Section 30 of the Act can be enforceable under Sec.

Who enforces international arbitration?

Under the New York Convention, Article III requires courts in contracting states to recognize international arbitral awards as binding and enforce them. Article V provides for seven reasons that a court can use to refuse to enforce the award.

When can the arbitral award be enforced?

It provides that an award shall be enforced once the time for making an application to set aside the award under Section 34 of the Act has expired. Such award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908, in the same manner as if it were a decree of the court.

On what grounds foreign award Cannot be enforced?

A foreign award will not be enforced in India if it is proved by the party against whom it is sought to be enforced that the parties to the agreement were, under the law applicable to them, under some incapacity, or, the agreement was not valid under the law to which the parties have subjected it, or, in the absence of …

How can a foreign arbitral award be enforced?

Section 56 provides that the party applying for the enforcement of a foreign award shall, at the time of the application, produce before the court (a) original award or a duly authenticated copy thereof; (b) evidence proving that the award has become final and (c) evidence to prove that the award has been made in …