INTRODUCTION

In international trade, arbitration, rather than litigation, is the preferred method of dispute
resolution, since it is easier to enforce an arbitral award than a court decision, in a foreign State.
From a practical point of view, this is because there are more multilateral conventions and
bilateral treaties facilitating enforcement of foreign arbitral awards than there are for
enforcement of court decisions. From a theoretical point of view, enforcement of arbitral awards
is easier, because of the contractual nature of arbitration. An arbitral award is the consequence of
a private dispute settlement procedure, while a court ruling represents the sovereignty of the
State where they are issued. It is easier for a national court to enforce the consequence of a
contractual agreement between two private parties, than a decision representing the sovereignty
of a foreign State. Therefore, the tendency in international convention and municipal laws is to
facilitate enforcement of arbitral awards.

AIMS AND OBJECTIVES:

1. To study and understand the provisions of New York Convention for the enforcement of

foreign arbitral awards.

2. To study and understand its objective, scope and purpose.

RESEARCH QUESTIONS
1. What is background of enforcing foreign arbitral awards in India?
2. What is the procedure for enforcement of a foreign award?

HYPOTHESIS:

The provision given in the New York convention for the enforcement of foreign arbitral awards
are being wholly implemented under Indian Laws.
 
RESEARCH METHODOLOGY:

The researcher will be relying on Doctrinal method of research to complete the project.
SOURCES OF DATA:

The researcher will be relying only on secondary sources to complete the project.

Secondary Sources: Books, Articles, Journals

LIMITATIONS OF THE STUDY:

The researcher has territorial, monetary and time limitations in completing the project.

TENTATIVE CHAPTRIZATION:

1. INTRODUCTION
2. BACKGROUND OF ENFORCING FOREIGN ARBITRAL AWARDS IN INDIA
3. THE NEW YORK CONVENTION
4. GENERAL PROVISIONS OF INDIAN LAW
5. PROCEDURE OF ENFORCEMENT OF A FOREIGN AWARD
6. COCLUSION

BIBLOGRAPHY

Books

 Avtar Singh, Law of Arbitration and Conciliation with Alternative Dispute Resolution
Systems, Eastern Book Company (2018)
 Madhusudan Saharay, Textbook on Arbitration & Conciliation with Alternative Dispute
Resolution, Universal Law Publishing Lexis Nexis; Fourth edition (2017)

Websites

 www.indiankanoon.com
 www.mondaq.com
 www.legalserviceindia.com
 www.ipleaders.in