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

Gupta Pharma (Indore) resists enforcement of a foreign award, saying the tribunal was not constituted as the parties agreed. Under section 57(1), which condition does this relate to?

This relates to section 57(1)(c). An enforceable foreign award must be made by the tribunal provided for in the submission or constituted as the parties agreed, in conformity with the law governing the arbitration procedure. A wrongly constituted tribunal fails that condition.

  1. AThe award was made by the tribunal provided for in the submission or constituted as agreed, in conformity with the law governing the arbitration procedureCorrect
  2. BThe award is not contrary to the public policy of India
  3. CThe subject-matter is capable of settlement by arbitration under Indian law
  4. DThe award has become final in the country where it was made

Explanation

Section 57(1)(c) requires that the award be made by the tribunal provided for in the submission or constituted in the manner agreed, in conformity with the law governing the arbitration procedure. The other options concern public policy, arbitrability and finality, which are separate conditions.

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