Muskan Agarwal, Jindal Global Law School
ABSTRACT:
The process and cost of litigation are long and expensive. For faster and smoother facilitation of dispute resolution, many individuals/firms turn to arbitration. After globalization in the contemporary world, international trade has tremendously expanded. But, with the development of trade, international disputes also emerge. To resolve such disputes, parties choose arbitration as a means of dispute resolution. However, it comes with its share of problems. For an international award to be valid in India, it needs to be mandatorily enforced at any High Court of India. This paper analyses the problems of enforcing foreign arbitral awards in India. While referring to various landmark arbitral awards and the relevant provisions of the Arbitration and Conciliation Act, of 1996, this paper will analyse why certain arbitral awards were not enforced in India. This paper will reflect on the recent judgements of the Indian courts and what lead to the relaxation in such scrutiny of the Indian courts.
