NISHITH.TV
  • Mumbai
  • Silicon Valley
  • Bengaluru
  • Singapore
  • Mumbai BKC
  • New Delhi
  • Munich
  • New York

Locations

  • Mumbai
  • Silicon Valley
  • Bengaluru
  • Singapore
  • Mumbai BKC
  • New Delhi
  • Munich
  • New York
  • Content
  • Home
  • ABOUT US
  • NDA in the Media
  • Areas of Service
  • Research and Articles
  • Opportunities
  • Contact
  • NDACloud
  • Client Access
  • Member Access
  • Events and Calender
  • How we perform
  • Knowledge anywhere, anytime
  • See our recent deals
  • Up to date legal developments
  • Case studies in M&A

Research and Articles

HTMLPDF

  • Research at NDA
  • Research Papers
  • Research Articles
  • Policy Papers
  • NDA Think Tanks
  • NDA Hotline
  • New Ali Gunjan
  • Japan Desk ジャパンデスク

NDA-Hotline


  • Capital Markets Hotline
  • Companies Act Series
  • Climate Change Related Legal Issues
  • Competition Law Hotline
  • Corpsec Hotline
  • Court Corner
  • Cross Examination
  • Deal Destination
  • Debt Funding in India Series
  • Dispute Resolution Hotline
  • Education Sector Hotline
  • FEMA Hotline
  • Financial Service Update
  • Food & Beverages Hotline
  • Funds Hotline
  • Gaming Law Wrap
  • GIFT City Express
  • Green Hotline
  • HR Law Hotline
  • iCe Hotline
  • Insolvency and Bankruptcy Hotline
  • International Trade Hotlines
  • Investment Funds: Monthly Digest
  • IP Hotline
  • IP Lab
  • Legal Update
  • Lit Corner
  • M&A Disputes Series
  • M&A Hotline
  • M&A Interactive
  • Media Hotline
  • New Publication
  • Other Hotline
  • Pharma & Healthcare Update
  • Private Client Wrap
  • Private Debt Hotline
  • Private Equity Corner
  • Real Estate Update
  • Realty Check
  • Regulatory Digest
  • Regulatory Hotline
  • Renewable Corner
  • SEZ Hotline
  • Social Sector Hotline
  • Tax Hotline
  • Technology & Tax Series
  • Technology Law Analysis
  • Telecom Hotline
  • The Startups Series
  • White Collar and Investigations Practice
  • Yes, Governance Matters.
  • Japan Desk ジャパンデスク

Dispute Resolution Hotline

April 11, 2012

Foreign Arbitration Award: China (including Hong Kong SAR and Macao SAR) notified as Convention Country, 1996

An award is regarded as a foreign award in India only if it origins from one of such territories as the Central Government, being satisfied that reciprocal provisions made may, by notification in the Official Gazette, declare to be territories to which the New York Convention and Geneva Convention applies ("Convention Countries"). Only such foreign awards are enforceable under the statutory framework for the enforcement in India. In the case of Bhatia International v Bulk Trading1, the Supreme Court held that an arbitration award not made in a convention country will not be considered a foreign award.

Thus, even if a country is a signatory to the New York Convention or Geneva Convention, it does not ipso facto mean that an award passed in such country would be enforceable in India. There has to be further notification by the Central Government declaring that country to be a Convention Country.

For Example: An award passed in arbitration with seat of arbitration in Singapore can be enforced in India as a foreign award and thus would get the recognition and protections a New York Convention Award is given internationally.

Whereas an award passed in arbitration with seat of arbitration in Indonesia will not be regarded as a foreign award and hence will not receive the recognition and protection a New York Convention Award is given even though Indonesia is a signatory to the New York Convention.

Previously there were about 46 countries to have been notified by the Central Government as Convention Countries. They are:- Australia; Austria; Belgium; Botswana; Bulgaria; Central African Republic; Chile; Cuba; Czechoslovak Socialist Republic; Denmark; Ecuador; Federal Republic of Germany; Finland; France; German; Democratic Republic; Ghana; Greece; Hungary; Italy; Japan; Kuwait; Malagasy Republic; Malaysia; Mexico; Morocco; Nigeria; Norway; Philippines; Poland; Republic of Korea; Romania; San Marino; Singapore; Spain; Sweden; Switzerland; Syrian Arab Republic; Thailand; The Arab Republic of Egypt; The Netherlands; Trinidad and Tobago; Tunisia; U.K.; U.S.S.R.; United Republic of Tanzania and United States of America.

On March 19, 2012 the Central Government has now notified People’s Republic of China (including Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People’s Republic of China) as a Convention Country.

This is a positive and a welcome development in the field of International Arbitration in India


– Prateek Bagaria & Vyapak Desai 
You can direct your queries or comments to the authors


1 AIR 2002 SC 1432

Mission and Vision


Distinctly Different

What's New


Dissecting The Insolvency Code - Empowering Investors by Extinguishing Antecedent Liabilities
Insolvency and Bankruptcy Hotline: September 26,2023
NDA Represents Veritone, Inc. In Its Acquisition of Broadbean from CareerBuilder, LLC
Deal Corner : September 26,2023

Events


Webinars

Impact of The New Indian Data Law on Multinational Companies Operating in India
August 22,2023 - August 22,2023

This event is over. For event material please click here


Seminar

GST solutions for Online Gaming Industry
September 13,2023 - September 13,2023

This event is over. For event material please click here


Round Table

Investing In Net Zero
July 22,2022 - July 22,2022

This event is over. For event material please click here

News Roundup


News Articles

Reciprocity requirement for enforcement: A roadblock in ease of doing business?
August 24,2023

Quotes

English, Welsh lawyers have no intention of taking court work away from Indian lawyers: UK Law Society President
September 23,2023

Newsletters


Insolvency and Bankruptcy Hotline

Dissecting The Insolvency Code - Empowering Investors by Extinguishing Antecedent Liabilities
September 26,2023

IP Hotline

Delhi High Court: Mere Use of Trademarks as Keyword not Infringement Per Se
September 25,2023

Technology Law Analysis

Implications of the New Data Protection Law on M&E industry
September 23,2023

  • Disclaimer
  • Content
  • Feedback
  • Walkthrough
  • Subscribe
Nishith Desai Associates@2016 All rights reserved.