Enforceability of Arbitral Awards in India: Public Policy as a Ground for Setting Aside the Award
Article from: TDM 5 (2011), in Resolving International Business Disputes by ADR in Asia
Introduction
The Arbitration & Conciliation Act, 1996 ("the Act") is a legislation to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards. In dealing with the enforceability of awards under the Act, we would primarily be concerned with two different classes of awards:
(1) awards considered as "domestic awards" under the Act; and
(2) awards which are "foreign awards" under the Act.