Respected All,
Please inform if an Arbitration award is passed in UK - can it be challenged in Indian courts?
Sanjay Maroo (Proprietor) 29 June 2011
Respected All,
Please inform if an Arbitration award is passed in UK - can it be challenged in Indian courts?
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
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
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
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