Issues Relating to Arbitration in Outsourcing Contracts - Essay Example

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This essay aims to find out how a foreign arbitral award can be implemented or get annulled by Indian courts by analyzing the Arbitration and Conciliation Act, 1966 based on the Model Law on International Commercial Arbitration espoused by the United Nations Commission on International Trade Law…
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Issues Relating to Arbitration in Outsourcing Contracts
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Download file to see previous pages The essay "Issues Relating to Arbitration in Outsourcing Contracts" aims to find out how a foreign arbitral award can be implemented or get annulled by Indian courts. The Indian Arbitration and Conciliation Act, 1996- section 48 deals with the stipulations for the implementation of foreign awards in India. The reasons for refusal to implement a foreign award in India are that of analogs to the New York Convention.
As per section 48 of the Arbitration and Conciliation Act, 1966 of India, the ground for setting aside for a foreign arbitral award would be any of the following:
• If a party to the contract was under some incapability; or
• Under the governing law, if the arbitration agreement was not valid;
• No proper notice of either the arbitral proceedings or the appointment of the arbitrator was given to any of the parties;
• If the award exceeds its scope of the submission;
• If the award is pertaining to a dispute not agreed by or not falling within the purview of the subject matter of the arbitration.
• If the arbitral procedure or the composition of the arbitral tribunal was not in tune with the consent of the parties;
• Arbitration process may not be used for arriving at a conclusion as the subject matter of arbitration is so grave;
• Where the arbitral award is against the public policy of India.
It is to be noted that even if a nation is a signatory to the New York Convention, it doesn't automatically connote that an arbitral award passed in such a nation would be enforceable in India. ...Download file to see next pagesRead More
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