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CS Professional · Arbitration, Mediation and Conciliation · International Law of Arbitration

A foreign award covers a claim by Ravi Exports and decides a matter beyond the scope of the submission to arbitration. The award also has not covered all the differences submitted to the tribunal. Under the Geneva Convention enforcement provisions, which statement is correct?

Section 57(2)(c) requires refusal where the award goes beyond the submission, while its proviso lets the Court postpone enforcement or grant it on a guarantee when the award has not covered all submitted differences. The Court does not review the merits.

  1. AThe Court must enforce the award in full because the tribunal was properly constituted
  2. BThe Court must refuse enforcement if satisfied that the award decides matters beyond the submission, and the proviso lets it postpone or grant enforcement on guarantee where the award has not covered all differences submittedCorrect
  3. CThe Court may only adjourn enforcement for any reason without any guarantee
  4. DThe Court can modify the award on merits and then enforce it

Explanation

Under section 57(2)(c), enforcement is refused if the award does not deal with the differences within the submission or decides matters beyond its scope. The proviso says that if the award has not covered all the differences submitted, the Court may postpone enforcement or grant it subject to guarantee. Courts do not revise the merits.

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