Enforcement of Foreign Arbitral Awards : A Critical Analysis

Arbitration has been the most sought after option not merely in domesticarbitration, but also that of international arbitration. Moreover, with theboom of international trade, more disputes have arisen, with most partiesopting for arbitration for dispute resolution. There is a growing reference ofdisputes of International Commercial Arbitration to InternationalInstitutions and arbitral centers. This paper endeavors to critically analyzethe concept of enforcement of arbitral, by analyzing the judgments of courtsin India in its interpretation of foreign awards and endeavoring to presentthe various challenges against enforcement by analyzing it in consonancewith international conventions including New York Convention, 1958 andUNICTRAL Model law, 1985. Various pertinent issues pertaining toInternational Commercial Arbitration have been referred in this paper. Thispaper also addresses recent development in India, with India proposing forestablishment of NDIAC (New Delhi International Arbitration Centre)