Sanjay Maroo (Proprietor) 29 June 2011

Can Arbitration award of London be challenged in India?

Respected All,

Please inform if an Arbitration award is passed in UK - can it be challenged in Indian courts?

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13 Replies

Ambika Prasad Mishra (Lawyer) 30 June 2011

Yes....

Advocate Bhartesh goyal (advocate) 30 June 2011

No,it can not be challenged in Indian courts.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 30 June 2011

it will depend on the location of parties and original terms of arbitraion agreement .

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 30 June 2011

If any part of the award is to be executed in India on proerties or parties located in India yes it can be challanged in Indian courts.

Shihab,Corporate Lawyer (LL.B M.B.A Corporate Lawyer and Management Consultant) 30 June 2011

Depends on the agreement between parties

Doveson (advocate) 30 June 2011

If the cause of action arose in india then. Similarly if it is against a person in india and executable against his properties in india, it can be definitely challenged in india. Further under indian laws, u cannot assign jurisdiction on any court by agreement. But that may not be the law in london. U can definitely use that loophole here.

Deepak kharat (Legal Advisor) 01 July 2011

When question is pointed and specific..why such irrelevant answers?

As the award passed in India can it be challanged in London? NO. No appellate juridiction available.

As far as agreement or contract involved in can seperatly be taken up in india and seek relief through arbtration or litigation.

Doveson (advocate) 13 July 2011

Mr. Kharat, thats the most ignorant advice. Once a decree is there, how on earth r u going to arbitrate? U feel the question to be specific and pointed because u have not understood the query. Dont be so rash.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 13 July 2011

Yes Mr Devson , others opposing any advice please give delailed reason. This is a platform for excahnge of information so that with variety of inputs the matter can be stiffed.

Doveson (advocate) 13 July 2011

see, the award nevertheless has to be executed. and if the properties are in india, it has to be executed through indian courts. the aggreived party can very well oppose the execution saying that the decree is invalid and not binding. even if the person against whom the award is passed is in india, he can still do the same thing.

rashmi_2010 (Advocate/Corporate Consultant) 15 July 2011

No you cannot

Ambika Prasad Mishra (Lawyer) 23 July 2011

Mr Kharat.... I dont have much knowledge as u do have..... U mus be a learned man.... But I know one thing that be it decree or be it Award passed by any foreign Court or Tribunal, that can be challenged in India on following Counts....

1. contrary to principles of natural justice

2. the tribunal or court decided the matter without giving due weightage to the Indian LAw when indian law is applicable in the dispute

3. When the Award is contrary to the Public Policy

(Guest)

Your query lacks background facts, as on account of what the award was passed in UK, not India. Otherwise, NO is the answer to your purely academic query.