ENFORCING FOREIGN ARBITRAL AWARD IN INDIA

AUTHOR – NUPUR JHA, STUDENT AT AMITY UNIVERSITY NOIDA, AMITY LAW SCHOOL, NOIDA

BEST CITATION – NUPUR JHA, ENFORCING FOREIGN ARBITRAL AWARD IN INDIA, ILE MULTIDISCIPLINARY JOURNAL, 4 (1) OF 2025, PG. 941-954, APIS – 3920-0007 | ISSN – 2583-7230.

ABSTRACT

One important aspect of international dispute resolution is the implementation of foreign arbitral rulings in India. This is especially important in light of the fact that globalization is promoting cross-border business.  The legal structure of India is designed to make it easy for foreign awards to be recognized. It is governed by the 1996 Arbitration and Conciliation Act and is in line with the New York and Geneva Conventions. However, enforcement remains subject to compliance with Section 44 and scrutiny under Section 48, where objections often arise on grounds of procedural irregularities, due process violations, or conflicts with Indian public policy.

Judicial precedents such as “Bhatia International v. Bulk Trading SA” and “Renusagar Power Co. Ltd. v. General Electric Co.” have significantly influenced India’s arbitration landscape, navigating the fine line between party autonomy and domestic legal safeguards. The goal of the Act’s 2015 revisions was to strengthen India’s reputation as an arbitration-friendly environment while reducing the role of the courts.  Problems with distinguishing between domestic and international awards, shifting understandings of public policy, and the extent to which jurisdictions apply continue, however.

 As India deepens its dedication to global arbitration standards, its legal framework is constantly changing. It manages to reconcile international enforcement norms with national objectives, keeping India at the forefront of arbitration.

Keywords: Foreign Arbitral Award, Arbitration and Conciliation Act, 1996, International Dispute Resolution, New York Convention, Public Policy Exception, Judicial Intervention