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CS Professional · Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

A foreign award in favour of Himalaya Pharma was challenged by Sagar Chemicals in the seat country, and those proceedings are pending. Himalaya seeks enforcement in India under Part II, and the court refuses enforcement under section 57(1)(d) because the award has not become final. Which statement correctly states Himalaya's remedy?

Himalaya may appeal under section 59(1)(b). That provision covers any order refusing to enforce a foreign award under section 57, regardless of the ground relied on, including that the award is not final because contest proceedings are pending in the seat country.

  1. AHimalaya may appeal under section 59(1)(b), as the order refuses enforcement under section 57Correct
  2. BHimalaya has no appeal because the refusal rests on pending proceedings
  3. CHimalaya may appeal only after the seat court decides the challenge
  4. DHimalaya may appeal only if Sagar furnishes security

Explanation

Section 59(1)(b) covers any order refusing to enforce a foreign award under section 57, whatever the ground. The pending-proceedings ground under section 57(1)(d) does not remove the appeal. The other options add conditions not found in section 59.

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