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CS Professional · Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

Sunrise Textiles Ltd, Surat, applied to a court in India to enforce a foreign award against Kaveri Exports Pvt Ltd. The court refused enforcement under section 57. Under section 59 of Part II, what is the position on a remedy for Sunrise?

Sunrise can appeal. Section 59(1)(b) makes an order refusing to enforce a foreign award under section 57 appealable to the court authorised by law to hear appeals from such orders, so the refusal is not final and no section 34 petition is needed.

  1. AAn appeal lies to the court authorised by law to hear appeals from such an orderCorrect
  2. BNo remedy exists because the refusal is final
  3. COnly a fresh application to the same court is permitted
  4. DOnly a petition to set aside the order under section 34 is permitted

Explanation

Section 59(1)(b) provides that an appeal lies from an order refusing to enforce a foreign award under section 57 to the court authorised by law to hear appeals from such an order. A fresh application or a section 34 petition is not the route given by the section.

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