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under Section 3 of
the Foreign Awards (Recognition and Enforcement) Act, 1961
(hereinafter referred to as 'the Foreign Awards ... filed by
General Electric under Section 3 of the Foreign Awards Act
was allowed and all proceedings in the said
Supreme Court of India
SCALE (2)257
ACT:
The Foreign Awards (Recognition and Enforcement) Act,
1961-S. 3--Stay of Proceedings in a Court ... terms of s. 3 of the Foreign Awards (Recognition and
Enforcement) Act, 1961. Appeals filed by the respondent
against that
Supreme Court of India
There is no
vested right to have the foreign award enforced under the
Foreign Awards Act (Foreign Awards (Recognition ... place resulting in a foreign award to have that award
enforced under the Foreign Awards Act.
42. We, therefore, hold
Supreme Court of India
award will be enforced
only if it satisfies mutate's mutandis the tests applicable
to the enforcement of foreign judgments ... foreign arbitrators
which require an enforcement order to render it enforceable
by the local law and an award which could
Supreme Court of India
enforcing the
award. High Court after contest ordered the award to be filed and
pronounced judgment according to the award ... which a foreign award may not be enforced. These are:
7. Conditions for enforcement of foreign awards. - (1) A foreign
Supreme Court of India
provision for giving effect to the foreign
awards. It makes an award enforceable in India subject to other
provisions ... which provides for enforcement of foreign award reads as
under :
"Enforcement of foreign award - (1) Where the court is satisfied
Delhi High Court
foreign Awards (Recognition and Enforcement) Act,
1961 is as follows :
6. Enforcement of foreign award.---
(1) Where the Court ... satisfied that the foreign award is
enforceable under this Act, the Court shall order the award to be
filed
Bombay High Court
separate chapter or part. Part II deals with
enforcement of foreign award...... Part II then contains provisions
for enforcement ... different. For that reason, special provisions for enforcement of
foreign awards are made in part II. To the extent that
Bombay High Court
invited my attention to
the provisions of Foreign Award (Recognition and Enforcement) Act, 1961
(Foreign Act) and in particular Section ... reads as under :-
"48(1)(e):- Conditions for enforcement of foreign awards :- (1)
Enforcement of a foreign award
Bombay High Court
respect of foreign awards the remedy of a party against whom the
award is sought to be enforced lies only ... foreign award and not a domestic award. He further stated
that the first respondent therefore would not seek to enforce
Bombay High Court
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