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

Once an Indian Court is satisfied that a Geneva Convention foreign award is enforceable under the relevant chapter, what is the legal effect of the award?

The award is deemed to be a decree of the Court. Once the Court is satisfied that the foreign award is enforceable under the Geneva Convention chapter, it is executed as a decree, without a fresh suit or separate government approval.

  1. AIt is treated as a recommendation requiring a fresh suit
  2. BIt is deemed to be a decree of the CourtCorrect
  3. CIt becomes a decree only after the Central Government approves it
  4. DIt remains a contract debt recoverable by arbitration again

Explanation

Section 58 provides that where the Court is satisfied the foreign award is enforceable under the chapter, the award shall be deemed to be a decree of the Court. No fresh suit or government approval is mentioned.

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