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

Hind Textiles Ltd (India) obtained an award in a Geneva Convention arbitration against Alpen GmbH. Alpen opposes enforcement in India, arguing the award is still open to appeal in the country where it was made. Under the conditions for enforcement of Geneva Convention foreign awards in the Act, what is the position?

The award is not enforceable at this stage. Under the Geneva Convention chapter, a foreign award must have become final in the country where it was made, and an award that is still open to opposition or appeal does not meet that finality condition.

  1. AThe award is enforceable, because an open appeal is relevant only to New York Convention awards
  2. BThe award is not enforceable, because it must have become final in the country where it was made, and an award open to appeal is not finalCorrect
  3. CThe award is enforceable, but only after Hind Textiles furnishes security
  4. DThe award is enforceable, because finality is tested only under Indian law

Explanation

Section 57(1)(d) requires that the award has become final in the country where it was made. It is not treated as final if it is open to opposition or appeal, or if proceedings contesting its validity are pending. The option relying on New York Convention-only relevance ignores this condition.

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