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

Meera Textiles seeks enforcement in India of a foreign award. The opposing party proves the award has been annulled in the country in which it was made. Under the Geneva Convention provisions, what follows?

Enforcement shall be refused. Under section 57(2)(a), even if the other conditions are fulfilled, a foreign award annulled in the country where it was made cannot be enforced in India, because the provision is mandatory.

  1. AEnforcement is discretionary and may be granted if the award is fair
  2. BEnforcement shall be refused if the Court is satisfied of the annulmentCorrect
  3. CEnforcement is allowed if the Indian party gives security
  4. DEnforcement is allowed because annulment abroad has no effect in India

Explanation

Section 57(2)(a) states that even where the section 57(1) conditions are met, enforcement shall be refused if the award has been annulled in the country in which it was made. The word shall makes refusal mandatory, so discretion and security options are wrong.

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