Sentences with phrase «enforcement of the foreign award»

It is submitted that if this court comes to the conclusion that Part I is applicable in the facts of this case, no grounds are made out for impugning the foreign award even under section 34 of the Act and thus petition under section 34 deserves to be rejected as not maintainable or in the alternative on the merits and the petition filed by the claimant for enforcement of the foreign award deserves to be allowed.

Learned senior counsel submits that the objection of the respondent that the learned arbitrator was biased or his conduct gave any rise to the apprehension of bias on such grounds is totally frivolous and in any event is not a ground available under section 48 of the Arbitration and Conciliation Act for opposing enforcement of the foreign award.

A party seeking enforcement of a foreign award needs to supply to the court (a) the arbitral award and (b) the arbitration agreement (Article IV).

In reality, this reservation is more theoretical than anything else, because codified French arbitration law itself does not contain any such limitation, and article VII (1) of the Convention confirms that the Convention does not deprive parties of more favourable rights they might enjoy under the law of the country in which enforcement of the foreign award is sought.

Finally, if a party seeking enforcement prefers to base its request for enforcement on the court's domestic law on enforcement of foreign awards or bilateral or other multilateral treaties in force in the country where it seeks enforcement, it is allowed to do so by virtue of the so - called more - favourable - right provision of Article VII (1).

Member, ICC Task Force on National Rules of Procedure for Recognition and Enforcement of Foreign Awards pursuant to the New York Convention of 1958, 2007 --

Joaquim T. de Paiva Muniz; Ana Tereza Palhares Basilio / Chapter 9 — Recognition and Enforcement of Foreign Awards / in Arbitration Law of Brazil: Practice and Procedure, 2nd édition, Juris (2015)- 2015

There are a number of conventions that facilitate the recognition and enforcement of foreign awards.

Article 235 of the CPC provides for the enforcement of foreign awards in the UAE.

Both countries enforce awards as they do court judgments, while non-compliance can be tackled through the courts, which so far has been largely supportive of arbitration and the enforcement of foreign awards.

The amendments (ss.2 (e) and 47) confer jurisdiction to hear all questions relating to international commercial arbitrations, including applications for the enforcement of foreign awards, to the High Courts (i.e., the highest court in each state).

Section 46 (b) of the Arbitration Law provides that the court may refuse to recognise and enforce a foreign award, if any of the following in submission for recognition and enforcement of foreign award can be proved by the respondent: