Skip to content

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

Zenith Traders (India) resists enforcement of a foreign award made in a notified territory. It proves the award is still open to appeal in the country where it was made. Under the conditions for enforcing Geneva Convention awards, what is the position?

The award does not meet the finality condition. Section 57(1)(d) says a foreign award is enforceable only if it has become final in the country where it was made, and it is not final if it is open to opposition or appeal.

  1. AThe award is enforceable because appeal rights do not matter
  2. BThe award fails the condition that it must have become final in the country where it was madeCorrect
  3. CThe award fails only because of Indian public policy
  4. DThe award is enforceable only if Zenith furnishes security of the award sum

Explanation

Section 57(1)(d) requires that the award has become final in the country of making; it is not final if it is open to opposition or appeal or if proceedings to contest its validity are pending. Hence the condition is not met. Public policy is a separate ground.

Did you get it right without looking?

One question tells you little. A timed set on International Law of Arbitration shows your real accuracy, how long you take and where you lose marks.

Practise International Law of ArbitrationFree diagnostic mock

More International Law of Arbitration questions