ANALYSING ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARDS IN INDIA

AUTHOR – SANIDHYA GUPTA, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – SANIDHYA GUPTA, ANALYSING ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARDS IN INDIA, ILE MULTIDISCIPLINARY JOURNAL, 4 (2) OF 2025, PG. 01-07, APIS – 3920-0007 | ISSN – 2583-7230.

ABSTRACT

The global expansion of commerce has made international commercial arbitration a preferred mode of dispute resolution, offering neutrality, flexibility, and ease of enforcement across jurisdictions. However, in India, enforcement of international arbitral awards remains a complex and often cumbersome process, despite legislative efforts to streamline arbitration practices through the Arbitration and Conciliation Act, 1996. This article critically examines the Indian legal framework governing enforcement, highlighting issues like excessive judicial intervention, expansive interpretation of public policy, and jurisdictional ambiguities. It traces the evolution of court attitudes from liberal to interventionist, assesses the impact of key judgments, and analyzes the reforms introduced through the 2015, 2019, and 2021 amendments. The paper also explores the blurred lines between enforcement and challenge of foreign awards under international conventions and Indian law. While India has demonstrated legislative intent to align with global arbitration standards, practical hurdles remain, impeding its ambition to emerge as an arbitration-friendly jurisdiction. Strengthening the commitment to minimal court interference and upholding party autonomy is crucial to enhance India’s role in the international arbitration landscape.

KEYWORDS: International Commercial Arbitration, Enforcement of Foreign Awards, Arbitration and Conciliation Act, 1996, New York Convention, Judicial Intervention, Public Policy, Arbitration Amendments, Party Autonomy, Indian Arbitration Law, Foreign Arbitral Awards.