Arbitration and Conciliation Act, 1996 — back to Table of Contents
PART II — ENFORCEMENT OF CERTAIN FOREIGN AWARDS
CHAPTER I — NEW YORK CONVENTION AWARDS
Section 44. Definition
In this Chapter, unless the context otherwise requires, “foreign award” means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India, made on or after the 11th day of October, 1960—
- (a) in pursuance of an agreement in writing for arbitration to which the Convention set forth in the First Schedule applies, and
- (b) in one of such territories as the Central Government, being satisfied that reciprocal provisions have been made may, by notification in the Official Gazette, declare to be territories to which the said Convention applies.
Note: Part II incorporates India’s obligations under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. A foreign award is enforceable in India only if it was made in a country notified by the Central Government under clause (b) — reciprocity is not automatic merely because a country has ratified the Convention.
