Judicial Intervention As A Barrier To Foreign Arbitral Awards In India

Aayushi Arora, O.P Jindal Global University

INTRODUCTION

Cross-border enforcement is a major benefit of international business arbitration. And so forth. In essence, the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards facilitates enforcement. “The New York Convention” recognises all international arbitral awards that meet certain baselines such as they are in written and not adverse to public policy.

Even though there are some restrictions about how foreign arbitration awards can be enforced, especially in India. Court involvement is a problem that plagues the enforcement mechanism of this kind of alternative conflict resolution. Even though there are some reasons why the award should be set aside, these reasons should be interpreted in line with Article V of the New York Convention and UNCITRAL model law. Foreign arbitral awards are recognised and enforced as a consequence of mutual agreement and policy. A court will intervene in the implementation of a foreign award only if it is obviously unlawful or contrary to Indian public interests.