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Arbitration in the recent times has emerged as a promising solution for litigants struggling to get prompt assistance from the overwhelmed Indian Courts. The two types of Arbitration namely Ad Hoc...
The Bombay High Court judge was speaking at a breakfast event organised by the Indian Arbitration Forum to discuss India’s new arbitration regime and what the future of this regime may look like.
FRAUD and issue of arbitrability have been an ongoing debate even before the New York Convention 1958 (NYC 1958) which deals with Enforcement of Foreign Arbitration Awards.
In foreign arbitration cases in Vietnam, the party that wins the arbitration may not always prevail due to a paradox within the recognition and enforcement process. Before a foreign arbitral award can be executed in Vietnam, it must undergo a procedure of recognition and enforcement at a Vietnamese court. Only upon recognition by the Vietnamese court can the award be enforced as a judgment or decision.
The language used in Section 9 cannot be given a restrictive meaning that it would apply to a foreign award only before or during the arbitral proceeding, the Court said.