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SESSION 21

Legislative and procedural framework for the enforcement of awards seated in India and outside India

The speaker, Moazzam Khan kicked off the session by discussing the appropriate forum and the limitation for the enforcement of Awards. He also discussed the requirements for reciprocity, using Article 1(3) of the New York Convention and Article 44(b) of the Arbitration and Conciliation Act, 1996. Then he went on to talk about the conditions required to be fulfilled as mentioned in Section 48(1) of the Arbitration and Conciliation Act, 1996. Then he explained the grounds on which the enforcement of an arbitral award may be refused by courts as mentioned in Section 48(2) of Arbitration and Conciliation Act, 1996 including grounds of Public Policy in the context of India, Justice and Morality and the ground of Patent Illegality. The participants seemed more information about these topics about the latest Amendment of 2021.

RESOURCE PERSON

Moazzam Khan

Head-Global Litigation, Nishith Desai Associates