INDIA 12

16 - 01 - 1987

INDIA 12

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XIII (1988)
Jurisdiction India
Summary

India 12. Supreme Court, 16 January 1987

Related topics
104

The court discusses whether the Convention applies to domestic arbitration and to proceedings for the setting aside of domestic awards. 

Convention's applicability in other cases
514 Ground e: Award not binding, suspended or set aside - "Binding"
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
601

The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.

Adjournment of decision on enforcement
INDIA 12