CS Professional · Arbitration, Mediation and Conciliation · International Law of Arbitration
A foreign award is held enforceable by an Indian Court under Chapter I of Part II of the Act. What is the legal effect given to the award?
The award is deemed to be a decree of the Court. Where the Court is satisfied that a foreign award is enforceable under the Chapter, the Act treats it as a decree of that Court, so no fresh suit is needed to enforce it.
- AIt is treated as a recommendation requiring a fresh suit
- BIt is deemed to be a decree of that CourtCorrect
- CIt becomes a settlement agreement needing registration
- DIt is enforceable only after the Central Government approves it
Explanation
Where the Court is satisfied that the foreign award is enforceable under the Chapter, the Act provides that the award shall be deemed to be a decree of that Court. No separate suit or government approval is required by this provision.
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