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

Zenith Textiles Ltd, Surat, resists enforcement in India of a London-seated award. It claims it was never given proper notice of the appointment of the arbitrator and so could not present its case. Under the Act's provisions on conditions for enforcement of foreign awards (Part II, Chapter I, Section 48), what must Zenith do for the Court to refuse enforcement on this ground?

Zenith must furnish proof to the Court. Under Section 48(1), enforcement can be refused only at the request of the party resisting and only if it proves a listed ground, including lack of proper notice or inability to present its case. A bare allegation is not sufficient.

  1. ANothing; the Court must refuse enforcement automatically once the allegation is made
  2. BFurnish proof to the Court that it was not given proper notice or was otherwise unable to present its caseCorrect
  3. CObtain a certificate from the London court that notice was defective
  4. DShow that the award is wrong on the merits of the dispute

Explanation

Section 48(1) allows refusal only at the request of the party against whom the award is invoked, and only if that party furnishes proof to the court. Lack of proper notice of the arbitrator's appointment or of the proceedings, or inability to present the case, is a listed ground (clause b). A mere allegation is not enough, and merits are not reviewed.

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