2.

NEW YORK CONVENTION AWARD

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also
known as
the New York Convention, was adopted by a United Nations diplomatic conference on 10
June 1958
and entered into force on 7 June 1959. The Convention requires courts of contracting states to
give
effect to private agreements to arbitrate and to recognize and enforce arbitration awards made
in
other contracting states. Widely considered the foundational instrument for international
arbitration,
it applies to arbitrations which are not considered as domestic awards in the state where
recognition
and enforcement is sought. Though other international conventions apply to the cross-border
enforcement of arbitration awards, the New York Convention is by far the most important.
Background
In 1953, the International Chamber of Commerce (ICC) produced the first draft Convention on
the
Recognition and Enforcement of International Arbitral Awards to the United Nations
Economic and
Social Council. With slight modifications, the Council submitted the convention to the
International Conference in the Spring of 1958. The Conference was chaired by Willem
Schurmann, the Dutch
Permanent Representative to the United Nations and Oscar Schachter, a leading figure in
international
law who later taught at Columbia Law School and the Columbia School of International and
Public
Affairs, and served as the President of the American Society of International Law.
International arbitration is an increasingly popular means of alternative dispute resolution for
crossborder
commercial transactions. The primary advantage of international arbitration over court
litigation is enforceability: an international arbitration award is enforceable in most countries
in the
world. Other advantages of international arbitration include the ability to select a neutral forum
to
resolve disputes, that arbitration awards are final and not ordinarily subject to appeal, the ability
to
choose flexible procedures for the arbitration, and confidentiality.
Once a dispute between parties is settled, the winning party needs to collect the award or
judgment.
Unless the assets of the losing party are located in the country where the court judgment was
rendered, the winning party needs to obtain a court judgment in the jurisdiction where the other
party
resides or where its assets are located. Unless there is a treaty on recognition of court judgments
between the country where the judgment is rendered and the country wh ere the winning party
seeks
to collect, the winning party will be unable to use the court judgment to collect.
Countries which have adopted the New York Convention have agreed to recognize and enforce
international arbitration awards. As of January 2015, there are 154 State parties which have
adopted
the New York Convention: 151 of the 193 United Nations Member States, the Cook Islands,
the Holy
See, and the State of Palestine.[1] Forty-six UN Member States have not adopted the New York
Convention and a number of British dependent territories have not had the Convention
extended to
them by Order in Council.
Parties to the Convention
As of January 2015, the Convention has 154 state parties, which includes 151 of the 193 United
Nations member states plus the Cook Islands, the Holy See, and the State of Palestine. Forty-
six UN
member states have not adopted the Convention. In addition, Taiwan has not been permitted to
adopt
the Convention (but generally enforces foreign arbitration judgments) and a number of British
Overseas Territories have not had the Convention extended to them by Order in Council.
British
Overseas Territories to which the New York Convention has not yet been extended by Order
in Council
are: Anguilla, Falkland Islands, Turks and Caicos Islands, Montserrat, Saint Helena (including
Ascension and Tristan da Cunha).
The Convention has also been extended to a number of British Crown Dependencies, Overseas
Territories, Overseas departments, Unincorporated Territories and other subsidiary territories
of
sovereign states.
PROVISION UNDER ARBITRATION AND CONCILIATION ACTNEW
YORK CONVENTION AWARD
SECTION - 44. Definition.—In this Chapter, unless the context otherwise requires, “foreign
award”
means an arbitral award on differences between persons arising out of legal relationships,
whether
contractual or not, considered as commercial under the law in force in India, made on or after
the 11th
day of October, 1960—
(a) in pursuance of an agreement in writing for arbitration to which the Convention set forth in
the
First Schedule applies, and
(b) in one of such territories as the Central Government, being satisfied that reciprocal
provisions have
been made may, by notification in the Official Gazette, declare to be territories to which the
said
Convention applies.
SECTION - 45 Power of judicial authority to refer parties to arbitration. —Notwithstanding
anything
contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority,
when seized
of an action in a matter in respect of which the parties have made an agreement referred to in
section
44, shall, at the request of one of the parties or any person claiming through or under him, refer
the
parties to arbitration, unless it finds that the said agreement is null and void, inoperative or
incapable
of being performed.
SECTION - 46. When foreign award binding.—Any foreign award which would be
enforceable under
this Chapter shall be treated as binding for all purposes on the persons as between whom it was
made,
and may accordingly be relied on by any of those persons by way of defence, set off or
otherwise in
any legal proceedings in India and any references in this Chapter to enforcing a foreign award
shall be
construed as including references to relying on an award.
SECTION - 47. Evidence.—
(1) The party applying for the enforcement of a foreign award shall, at the time of the
application,
produce before the court—
(a) the original award or a copy thereof, duly authenticated in the manner required by the law
of the
country in which it was made;
(b) the original agreement for arbitration or a duly certified copy thereof; and
(c) such evidence as may be necessary to prove that the award is a foreign award.
(2) If the award or agreement to be produced under sub-section (1) is in a foreign language, the
party
seeking to enforce the award shall produce a translation into English certified as correc t by a
diplomatic or consular agent of the country to which that party belongs or certified as correct
in such
other manner as may be sufficient according to the law in force in India. Explanation.—In this
section
and all the following sections of this Chapter, “Court” means the principal Civil Court of
original
jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil
jurisdiction, having jurisdiction over the subject-matter of the award if the same had been the
subjectmatter
of a suit, but does not include any civil court of a grade inferior to such principal Civil Court,
or
any Court of Small Causes.
SECTION - 48. Conditions for enforcement of foreign awards.—
(1) Enforcement of a foreign award may be refused, at the request of the party against whom it
is
invoked, only if that party furnishes to the court proof that—
(a) the parties to the agreement referred to in section 44 were, under the law applicable to them,
under some incapacity, or the said agreement is not valid under the law to which the parties
have
subjected it or, failing any indication thereon, under the law of the country where the award
was
made; or
(b) the party against whom the award is invoked was not given proper notice of the appointment
of
the arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(c) the award deals with a difference not contemplated by or not falling within the terms of the
submission to arbitration, or it contains decisions on matters beyond the scope of the
submission to
arbitration: Provided that, if the decisions on matters submitted to arbitration can be separated
from
those not so submitted, that part of the award which contains decisions on matters submitted to
arbitration may be enforced; or
(d) the composition of the arbitral authority or the arbitral procedure was not in accordance
with the
agreement of the parties, or, failing such agreement, was not in accordance with the law of the
country
where the arbitration took place; or
(e) the award has not yet become binding on the parties, or has been set aside or suspended by
a
competent authority of the country in which, or under the law of which, that award was made.
(2) Enforcement of an arbitral award may also be refused if the Court finds that—
(a) the subject-matter of the difference is not capable of settlement by arbitration under the law
of
India; or
(b) the enforcement of the award would be contrary to the public policy of India.
Explanation.—
Without prejudice to the generality of clause (b) of this section, it is hereby declared, for the
avoidance
of any doubt, that an award is in conflict with the public policy of India if the making of the
award was
induced or affected by fraud or corruption.
(3) If an application for the setting aside or suspension of the award has been made to a
competent
authority referred to in clause (e) of sub-section (1) the Court may, if it considers it proper,
adjourn
the decision on the enforcement of the award and may also, on the application of the party
claiming
enforcement of the award, order the other party to give suitable security.
SECTION - 49. Enforcement of foreign awards.—Where the Court is satisfied that the foreign
award is
enforceable under this Chapter, the award shall be deemed to be a decree of that Court.
SECTION - 50. Appealable orders.—
(1) An appeal shall lie from the order refusing to—
(a) refer the parties to arbitration under section 45;
(b) enforce a foreign award under section 48, to the court authorised by law to hear appeals
from such
order.
(2) No second appeal shall lie from an order passed in appeal under this section, but nothing in
this
section shall affect or take away any right to appeal to the Supreme Co urt.
SECTION - 51. Saving.—Nothing in this Chapter shall prejudice any rights which any person
would
have had of enforcing in India of any award or of availing himself in India of any award if this
Chapter
had not been enacted.
SECTION - 52. Chapter II not to apply.—Chapter II of this Part shall not apply in relation to
foreign
awards to which this Chapter applies.
4. GENEVA CONVENTION AWARD
Geneva Convention Awards-
BACKGROUND- The Convention on the Recognition and Enforcement of Foreign Arbitral
Awards, done
at New York, 10 June 1958 (the New York Convention), is described as the most successful
treaty in
private international law. It is adhered to by more than 140 nations. The more than 1,400 court
decisions reported in the Yearbook: Commercial Arbitration show that enforcement of an
arbitral
award is granted in almost 90 per cent of the cases.
The Convention was established as a result of dissatisfaction with the Geneva Protocol on
Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral
Awards of
1927. The initiative to replace the Geneva treaties came from the International Chamber of
Commerce
(ICC), which issued a preliminary draft convention in 1953. The ICC’s initiative was taken
over by the
United Nations Economic and Social Council, which produced an amended draft convention
in 1955.
That draft was discussed during a conference at the United Nations Headquarters in May-June
1958,
which led to the establishment of the New York Convention.
The following briefly describes the two basic actions contemplated by the New York
Convention.
The first action is the recognition and enforcement of foreign arbitral awards, i.e., arbitral
awards made in the territory of another State. This field of application is defined in article I.
The
general obligation for the Contracting States to recognize such awards as binding and to enforce
them
in accordance with their rules of procedure is laid down in article III. 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). The party against whom enforcement is sought can object to the
enforcement by
submitting proof of one of the grounds for refusal of enforcement which are limitatively listed
in
article V, paragraph 1. The court may on its own motion refuse enforcement for reasons of
public
policy as provided in article V, paragraph 2. If the award is subject to an action for setting aside
in the
country in which, or under the law of which, it is made (“the country of origin”), the foreign
court
before which enforcement of the award is sought may adjourn its decision on enforcement
(article VI).
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
morefavourable-
right-provision of article VII, paragraph 1.
The second action contemplated by the New York Convention is the referral by a court to
arbitration. Article II, paragraph 3, provides that a court of a Contracting State, when seized of
a matter
in respect of which the parties have made an arbitration agreement, must, at the request of one
of the
parties, refer them to arbitration.
In both actions, the arbitration agreement must satisfy the requirements of article II,
paragraphs 1 and 2, which include, in particular, that the agreement be in writing.
The influence of the New York Convention on the development of international commercial
arbitration has been phenomenal. The New York Convention solidified two essential pillars of
the legal
framework by providing for the obligatory referral by a national court to arbitration in the event
of a
valid arbitration agreement and for the enforcement of the arbitral award. The Convention
provided
impetus to the hugely successful UNCITRAL Arbitration Rules of 1976 and the UNCITRAL
Model Law
on International Commercial Arbitration of 1985 (as amended in 2006). The New York
Convention is
probably the main reason why arbitration is the preferred method for the resolution of
international
business disputes.
CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN
ARBITRAL AWARDS
ARTICLE I 1. This Convention shall apply to the recognition and enforcement of arbitral
awards made
in the territory of a State other than the State where the recognition and enforcement of such
awards
are sought, and arising out of differences between persons, whether physical or legal. It shall
also
apply to arbitral awards not considered as domestic awards in the State where their recognition
and
enforcement are sought. 2. The term “arbitral awards” shall include not only awards made by
arbitrators appointed for each case but also those made by permanent arbitral bodies to which
the
parties have submitted. 3. When signing, ratifying or acceding to this Convention, or notifying
extension under article X hereof, any State may on the basis of reciprocity dec lare that it will
apply the
Convention to the recognition and enforcement of awards made only in the territory of another
Contracting State. It may also declare that it will apply the Convention only to differences
arising out of
legal relationships, whether contractual or not, which are considered as commercial under the
national law of the State making such declaration.
ARTICLE II 1. Each Contracting State shall recognise an agreement in writing under which
the parties
undertake to submit to arbitration all or any differences which have arisen or which may arise
between them in respect of defined legal relationship, whether contractual or not, concerning a
subject-matter capable of settlement by arbitration. 2. The term “agreement in writing” shall
include
an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained
in an
exchange of letters or telegrams. 3. The court of a Contracting State, when seized of an action
in a
matter in respect of which the parties have made an agreement within the meaning of this
article,
shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the
said
agreement is null and void, inoperative and incapable of being performed.
ARTICLE III Each Contracting State shall recognize arbitral awards as binding and enforce
them in
accordance with the rules of procedure of the territory where the award is relied upon, under
the conditions laid down in the following articles. There shall not be imposed substantially
more onerous
conditions or higher fees or charges on the recognition or enforcement of arbitral awards to
which this
Convention applies than are imposed on the recognition or enforcement of domestic arbitral
awards.
ARTICLE IV 1. To obtain the recognition and enforcement mentioned in the preceding article,
the party
applying for recognition and enforcement shall, at the time of the application, supply — (a) the
duly
authenticated original award or a duly certified copy thereof; (b) the original agreement referred
to in
article II or a duly certified copy thereof. 2. If the said award or agreement is not made in an
official
language of the country in which the award is relied upon, the party applying for recognition
and
enforcement of the award shall produce a translation of these documents into such language.
The
translation shall be certified by an official or sworn translator or by a diplomatic or consular
agent.
ARTICLE V 1. Recognition and enforcement of the award may be refused, at the request of
the party
against whom it is invoked, only if that party furnishes to the competent authority where the
recognition and enforcement is sought, proof that— (a) the parties to the agreement referred to
in
article II were, under the law applicable to them, under some incapacity, or the said agreement
is not
valid under the law to which the parties have subjected it or, failing any indication thereon,
under the
law of the country where the award was made; or (b) the party against whom the award is
invoked
was not given proper notice of the appointment of the arbitrator or of the arbitration
proceedings or
was otherwise unable to present his case; or (c) the award deals with a difference not
contemplated by
or not falling within the terms of the submission to arbitration, or it contains decisions on
matters
beyond the scope of the submission to arbitration; provided that, if the decisions on matters
submitted
to arbitration can be separated from those not so submitted, that part of the award which
contains
decisions on matters submitted to arbitration may be recognised and enforced; or (d) the
composition
of the arbitral authority or the arbitral procedure was not in accordance with the agreement of
the
parties, or, failing such agreement, was not in accordance with the law of the country where
the
arbitration took place; or (e) the award has not yet become binding on the parties, or has been
set
aside or suspended by a competent authority of the country in which, or under the law of which,
that
award was made. 2. Recognition and enforcement of an arbitral award may also be refused if
the
competent authority in the country where recognition and enforcement is sought finds that—
(a) the
subject-matter of the difference is not capable of settlement by arbitration under the law of that
country; or (b) the recognition or enforcement of the award would be contrary to the public
policy of
that country.
ARTICLE VI If an application for the setting aside or suspension of the award has been made
to a
competent authority referred to in article V(1)(e), the authority before which the award is
sought to
be relied upon may, if it considers it proper, adjourn the decision on the enforcement of the
award and
may also, on the application of the party claiming enforcement of the award, order the other
party to
give suitable security.
ARTICLE VII 1. The provisions of the present Convention shall not affect the validity of
multilateral or
bilateral agreements concerning the recognition and enforcement of arbitral awards entered
into by
the Contracting States nor deprive any interested party of any right he may have to avail himself
of an
arbitral award in the manner and to the extent allowed by the law or the treaties of the country
where
such award is sought to be relied upon. 2. The Geneva Protocol on Arbitration Clauses of 1923
and the
Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 shall cease to have
effect
between Contracting States on their becoming bound and to the extent that they become bound
by this
Convention.
ARTICLE VIII 1. This Convention shall be open until 31st December, 1958 for signature on
behalf of
any Member of the United Nations and also on behalf of any other State which is or hereafter
becomes
member of any specialised agency of the United Nations, or which is or hereafter becomes a
party to
the Statute of the International Court of Justice, or any other State to which an invitation has
been
addressed by the General Assembly of the United Nations. 2. This Convention shall be ratified
and the
instrument of ratification shall be deposited with the Secretary-General of the United Nations.
ARTICLE IX 1. This Convention shall be open for accession to all States referred to in article
VIII. 2.
Accession shall be effected by the deposit of an instrument of accession with the Secretary -
General of
the United Nations.
ARTICLE X 1. Any State may, at the time of signature, ratification or accession, declare that
this
Convention shall extend to all or any of the territories for the international relations of which
it is
responsible. Such a declaration shall take effect when the Convention enters into force for the
State
concerned. 2. At any time thereafter any such extension shall be made by notification addressed
to the
Secretary-General of the United Nations and shall take effect as from the ninetieth day after
the day of
receipt by the Secretary-General of the United Nations of this notification, or as from the date
of entry
into force of the Convention for the State concerned, whichever is the later. 3. With respect to
those
territories to which this Convention is not extended at the time of signature, ratification or
accession,
each State concerned shall consider the possibility of taking the necessary steps in order to
extend the
application of this Convention to such territories, subject, where necessary for constitutional
reasons,
to the consent of the Governments of such territories.
ARTICLE XI In the case of a federal or non-unitary State, the following provisions shall
apply:— (a)
with respect of those articles of this Convention that come within the legislative jurisdiction of
the
federal authority, the obligations of the federal Government shall to this extent be the same as
those of
Contracting States which are not federal States; (b) with respect to those articles of this
Convention
that come within the legislative jurisdiction of constituent States or provinces which are not,
under the
constitutional system of the federation, bound to take legislative action, the federal Go vernment
shall
bring such articles with a favourable recommendation to the notice of the appropriate
authorities of
constituent States or provinces at the earliest possible moment; (c) a federal State Party to this
Convention shall, at the request of any other Contracting State transmitted through the
Secretary-
General of the United Nations, supply a statement of the law and practice of the federation and
its
constituent units in regard to any particular provision of this Convention, showing the extent
to which
effect has been given to that provision by legislative or other action.
ARTICLE XII 1. This Convention shall come into force on the ninetieth day following the date
of deposit
of the third instrument of ratification or accession. 2. For each State ratifying or acceding to
this
Convention after the deposit of the third instrument of ratification or accession, this Convention
shall
enter into force on the ninetieth day after deposit by such State of its instrument of ratification
or
accession.
ARTICLE XIII 1. Any Contracting State may denounce this Convention by a written
notification to the
Secretary-General of the United Nations. Denunciation shall take effect one year after the date
of
receipt of the notification by the Secretary-General. 2. Any State which has made a declaration
or
notification under article X may, at any time thereafter, by notification to the Secretary -General
of the
United Nations, declare that this Convention shall cease to extend to the territory concerned
one year
after the date of the receipt of the notification by the Secretary-General. 3. This Convention
shall
continue to be applicable to arbitral awards in respect of which recognition or enforcement
proceedings have been instituted before the denunciation takes effect.
ARTICLE XIV A Contracting State shall not be entitled to avail itself of the present
Convention against
other Contracting States except to the extent that it is itself bound to apply the Convention.
ARTICLE XV The Secretary-General of the United Nations shall notify the States
contemplated in article
VIII of the following:— (a) signatures and ratifications in accordance with article VIII; (b)
accessions in
accordance with article IX; (c) declarations and notifications under articles I, X and XI; (d) the
date
upon which this Convention enters into force in accordance with article XII; (e) denunciations
and
notifications in accordance with article XIII.
ARTICLE XVI 1. This Convention, of which the Chinese, English, French, Russian and
Spanish texts shall
be equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-
General
of the United Nations shall transmit a certified copy of this Convention to the States
contemplated in
article XIII.
 PROVISION UNDER ARBITRATION AND CONCILIATION ACTGENEVA
CONVENTION AWARD
SECTION - 53.Interpretation.- In this Chapter foreign award means an arbitral award on
differences
relating to matters considered as commercial under the law in force in India made after the 28th
day
of July, 1924,—
(a) in pursuance of an agreement for arbitration to which the Protocol set forth in the Second
Schedule
applies, and
(b) between persons of whom one is subject to the jurisdiction of some one of such Powers as
the
Central Government, being satisfied that reciprocal provisions have been made, may, by
notification in
the Official Gazette, declare to be parties to the Convention set forth in the Third Schedule,
and of
whom the other is subject to the jurisdiction of some other of the Powers aforesaid, and
(c) in one of such territories as the Central Government, being satisfied that reciprocal
provisions have
been made, may, by like notification, declare to be territories to which the said Convention
applies,
and for the purposes of this Chapter an award shall not be deemed to be final if any proceedings
for
the purpose of contesting the validity of the award are pending in the country in which it was
made.
SECTION - 54.Power of judicial authority to refer parties to arbitration.- Notwithstanding
anything
contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, on
being
seized of a dispute regarding a contract made between persons to whom section 53 applies and
including an arbitration agreement, whether referring to present or further differences, which
is valid
under that section and capable of being carried into effect, shall refer the parties on the
application of
either of them or any person claiming through or under him to the decision of the arbitrators
and such
reference shall not prejudice the competence of the judicial authority in case the agreement or
the
arbitration cannot proceed or becomes inoperative.
SECTION - 55.Foreign awards when binding.- Any foreign award which would be enforceable
under
this Chapter shall be treated as binding for all purposes on the persons as between whom it was
made,
and may accordingly be relied on by any of those persons by way of defence, set off or
otherwise in
any legal proceedings in India and any references in this Chapter to enforcing a foreign award
shall be
construed as including references to relying on an award.
SECTION - 56.Evidence.- (1) The party applying for the enforcement of a foreign award shall,
at the
time of application procedure before the Court—-
(a) the original award or a copy thereof duly authenticated in the manner required by the law
of the
country in which it was made;
(b) evidence proving that the award has become final; and
(c) such evidence as may be necessary to prove that the conditions mentioned in clauses (a)
and (c) of
sub-section (1) of section 57 are satisfied.
(2) Where any document requiring to be produced under sub -section (1) is in a foreign
language, the
party seeking to enforce the award shall produce a translation into English certified as correct
by a
diplomatic or consular agent of the country to which that party belongs or certified as correct
in such
other manner as may be sufficient according to the law in force in India.
Explanation.—In this section and all the following sections of this Chapter, Court means the
principal
Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its
ordinary
original civil jurisdiction, having jurisdiction over the subject-matter of the award if the same
had been
the subject matter of a suit, but does not include any civil court of a grade inferior to such
principal
Civil Court, or any Court of Small Causes.
SECTION - 57.Conditions for enforcement of foreign awards.- (1) In order that a foreign award
may be
enforceable under this Chapter, it shall be necessary that—
(a) the award has been made in pursuance of a submission to arbitration which is valid under
the law
applicable thereto;
(b) the subject-matter of the award is capable of settlement by arbitration under the law of
India;
(c) the award has been made by the arbitral tribunal provided for in the submission to arbitration
or
constituted in the manner agreed upon by the parties and in conformity with the law governing
the
arbitration procedure;
(d) the award has become final in the country in which it has been made, in the sense that it
will not be
considered as such if it is open to opposition or appeal or if it is proved that an y proceedings
for the
purpose of contesting the validity of the award the pending;
(e) the enforcement of the award is not contrary to the public policy or the law of India.
Explanation.—Without prejudice to the generality of clause (e), it is hereby declared, for the
avoidance, of any doubt, that an award is in conflict with the public policy of India if the making
of the
award was induced or affected by fraud or corruption.
(2) Even if the conditions laid down in sub-section (1) are fulfilled, enforcement of the award
shall be
refused if the Court is satisfied that—
(a) the award has been annulled in the country in which it was made;
(b) the party against whom it is sought to use the award was not given notice of the arbitration
proceedings in sufficient time to enable him to present his case; or that, being under a legal
incapacity,
he was not properly represented;
(c) the award does not deal with the differences contemplated by or falling within the terms of
the
submission to arbitration or that it contains decisions on matters beyond the scope for the
submission
or arbitration;
Provided that if the award has not covered all the differences submitted to the arbitral tribunal,
the
Court may, if it thinks fit, postpone such enforcement or grant it subject to such guarantee as
the Court
may decide.
(3) If the party against whom the award has been made proves that under the law governing
the
arbitration procedure there is a ground, other than the grounds referred to in clauses (a) and (c)
of
sub-section (1) and clauses (b) and (c) of sub-section (2) entitling him to contest the validity of
the
award, the Court may, if it thinks fit, either refuse enforcement of the award or adjourn the
consideration thereof, giving such party a reasonable time within which to have the award
annulled by
the competent tribunal.
58.Enforcement of foreign awards.- Where the Court is satisfied that the foreign award is
enforceable
under this Chapter, the award shall be deemed to be a decree of the Court.
59.Appealable orders.- (1) An appeal shall lie from the order refusing—-
(a) to refer the parties to arbitration under section 54: and
(b) to enforce a foreign award under section 57,
(2) No second appeal shall lie from an order passed in appeal under this section, but nothing in
this
section shall affect or take away any right to appeal to the Supreme Court.
SECTION - 60.Saving.- Nothing in this Chapter shall prejudice any rights which any person
would have
had of enforcing in India of any award or of availing himself in India of any award if this
Chapter had
not been enacted.