Sentences with phrase «opposing enforcement of the foreign award»

Learned senior counsel submits that none of the objections raised by the respondent opposing enforcement of the foreign award are made out by the respondent.

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.

In rejoinder Mr. Pratap learned senior counsel submits that neither any case is made out for opposing enforcement of the foreign award nor any case is made out under section 34 of the Act.

Learned Senior Counsel submits that the allegations made by the respondent against arbitrator are totally frivolous and no such ground in any event available under section 48 of the Act while opposing enforcement of the foreign award.

Not exact matches

The distinction between the varying approaches may be more apparent than real, and in many cases may lead to the same outcome particularly since not all courts distinguish between them and / or refer to them simultaneously.903 Of the few decisions where a foreign award has been refused enforcement pursuant to the second alternative of article V (1)(d), the party opposing enforcement brought evidence of fundamental or unjustifiable procedural defects that one could consider would have met the criteria of both approacheOf the few decisions where a foreign award has been refused enforcement pursuant to the second alternative of article V (1)(d), the party opposing enforcement brought evidence of fundamental or unjustifiable procedural defects that one could consider would have met the criteria of both approacheof article V (1)(d), the party opposing enforcement brought evidence of fundamental or unjustifiable procedural defects that one could consider would have met the criteria of both approacheof fundamental or unjustifiable procedural defects that one could consider would have met the criteria of both approacheof both approaches.