Get Legal Issues In The Annulment Of International Arbitral Award - Mimbar Hukum Ugm Ac

The Arbitration Act provides that an arbitral award will be enforced “in ance with the provisions of the Code of Civil Procedure, 1908, (“CPC”) in the same manner as if it were a decree of the Court”. There is a famous adage that "the difficulties of a litigant in India begin when he has obtained a decree".

for the purposes of enforcement and the Limitation Act 1963 applies to arbitrations, therefore the limitation period for enforcement of such an awards is twelve years.

Section 2(1)(e)(i) of the Arbitration Act provides that an application for setting aside an arbitral award passed in an arbitration other than an international commercial arbitration must be filed either before a district court, being a principal civil court of original jurisdiction, or before the high court exercising ...

In essence, the New York Convention permits annulment of an arbitral award on any ground deemed appropriate by “a competent authority of the country in which, or under the law of which, that award was made.” And the Convention further provides that an award so annulled may be refused recognition and enforcement.

The rule is that if an award has been annulled (also called 'set aside' or 'vacated') in the country of origin (usually the place of arbitration), it cannot be enforced in other countries.