INTERNATIONAL COMMERCIAL ARBITRATION AND ENFORCEMENT OF FOREIGN AWARDS

BY UNICETRAL ON : 21 JUNE 1985 ADAPTED AT : COMMISSIONS 18th ANNUAL SESSION CONSTITUTES : Promising basis for the desired harmonisation and improvement of national laws. INCLUDES : ARBITRATION AGREEMENT, Recognition, and enforcement Of foreign awards.

ADAPTED

The arbitration agreement is said to be international only if :Place of the business of the comprising countries or states is different from each other The subject matter on which the agreement is made on, should relate to more than one country. PURPOSE :The main and primary purpose due to which the countries come into contract is to avoid the certain commercial disputes which have arisen or which may arise between them. (contractual or not)

SPCIAL PROCEDURAL REGIME FOR INTERNATIONAL COMMERCIAL ARBITRATION. Substantive scope of application De-limit the assistance and supervision of court ARBITRATION AGREEMENT AND THE COURTS COMPOSITION OF ARBITAL TRIBUNAL JURISDICTION OF ARBITAL TRIBUNAL CONSUCT OD ARBITAL PROCEEDINGS

Rules applicable to substance of dispute Making of award and other decisions Application for setting aside as exclusive resource of award Grounds for setting aside the above RECOGNITION AND ENFORCEMENT OF AWARDS Uniform treatment of all awards, irrespective of country of origin Procedural conditions for recognition Grounds for refusing recognition and enforcement

AS PER ARBITRATION AND CONCILIATION ACT 1996, arbitration is considered commercial under the law in force in INDIA where atleast one of the parties is : An individual who is a national of, or habitually resident in any country other than India A body corporate which is incorporated in any country other than India A co. or a body of individuals ose central mgt. an control is exercised in any country other than India.

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law enforcement would be contrary to public policy. And the award deals with an issue not contemplated by or not falling the scope of arbitration. The composition of the arbitral authority was not in accordance with the agreement of the parties or failing such agreement with the law of place where the hearing took place. The subject matter of the award is not capable of resolution by arbitration.

The End

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