ARBITRATION ACT- TAMIL-PART 4- FOREIGN AWARD

Summary

This transcript delves into various aspects of international arbitration law, referencing key conventions such as the New York and Geneva Conventions. It covers the nature of arbitration agreements, the enforcement of foreign awards, legal procedures, and the conditions under which arbitration can be refused. The document explores complex legal concepts, including subject matter disputes, public policy concerns, and procedural nuances. The intricate terminology highlights the challenges in cross-border legal proceedings and the importance of adhering to international conventions for resolving commercial and contractual disputes.

Takeaways

• 😀 Arbitration agreements must be in writing as per international conventions, such as the New York Convention.
• 😀 Foreign arbitration awards are binding on parties in jurisdictions that recognize international arbitration conventions, including India.
• 😀 The enforcement of foreign arbitral awards can be refused if they violate public policy or if the subject matter is not arbitrable under national law.
• 😀 An arbitral award may be refused enforcement if it is deemed to be inconsistent with the fundamental principles of the country’s legal system or public policy.
• 😀 The legal relationship between parties in an arbitration agreement should be clearly defined and could be based on commercial contracts or other legal relationships.
• 😀 In cases of enforcement of foreign awards, the original award must be duly authenticated or certified, including translations into the official language.
• 😀 Jurisdictions that adopt conventions like the New York Convention must uphold the validity of international arbitration agreements and awards.
• 😀 The arbitration process must adhere to procedures agreed upon by the parties or follow standard procedures of the country where the arbitration is held.
• 😀 In arbitration, disputes may arise due to procedural issues, including the failure to give proper notice or the exclusion of certain claims from arbitration.
• 😀 Arbitration decisions are generally not subject to appeal unless the appeal relates to specific legal grounds, such as incapacity or violation of the arbitral process.

Q & A

What is the significance of the New York Convention in the context of arbitration?

The New York Convention is a key international treaty that establishes the recognition and enforcement of foreign arbitral awards across member countries. It ensures that arbitration agreements and the awards they produce are upheld in courts internationally.

What does the term 'arbitral award' refer to in the script?

An arbitral award refers to the decision made by an arbitrator or arbitration panel in a dispute. This award is binding on the parties involved, subject to the enforcement provisions of the jurisdiction in which it is being sought.

What role does arbitration play in resolving disputes according to the script?

Arbitration is presented as an alternative dispute resolution method where parties agree to settle their disputes outside of court, usually through a neutral third party (the arbitrator). The agreement to arbitrate must typically be in writing, and the resulting arbitral award is enforceable depending on the jurisdiction.

What is the importance of an arbitration agreement?

An arbitration agreement is crucial because it binds the parties to resolve disputes through arbitration instead of through traditional litigation. It sets the stage for enforcing arbitral awards, as stipulated in conventions like the New York Convention.

How does the script explain the enforceability of foreign arbitral awards?

The script explains that foreign arbitral awards are enforceable in the country where enforcement is sought, provided the award meets certain conditions like being recognized under international conventions (e.g., the New York Convention) or national laws.

What are the exceptions under which an arbitral award might not be enforced?

Arbitral awards may not be enforced if they violate public policy, if the arbitration agreement was invalid, or if the subject matter of the dispute is not capable of settlement through arbitration under the law of the enforcing country.

What does 'capacity to arbitrate' refer to in the script?

The 'capacity to arbitrate' refers to the legal ability of parties to enter into an arbitration agreement. It ensures that the individuals or entities involved in the arbitration are legally capable of making binding agreements, such as having the legal authority to do so.

What is mentioned about the 'subject matter' of arbitration in the script?

The script highlights that not all disputes are suitable for arbitration. The subject matter of the dispute must be capable of being resolved through arbitration, and in some cases, certain matters are deemed outside the scope of arbitration, such as those affecting public policy.

How does the script address the issue of appeals in arbitration?

The script touches on the appeal process in arbitration, noting that while arbitration awards are generally final, there may be room for appeal in cases where the award is challenged on grounds like lack of capacity, due process violations, or other procedural issues.

What is the role of consular and diplomatic personnel in arbitration according to the script?

The script mentions consular and diplomatic personnel in relation to the translation and certification of documents for arbitration. It emphasizes that translations and legal documents should be certified by authorized persons such as consular officials to ensure their authenticity in the arbitration process.