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Section 48: Conditions for Enforcement of Foreign Awards (Arbitration Act, 1996)

Section 48: Conditions for Enforcement of Foreign Awards (Arbitration Act, 1996) What Is It About? Section 48 deals with how foreign arbitral awards can be enforced in India —but only under certain conditions . It's like a checkpoint that the award must pass before the Indian courts allow it to be implemented. India is a signatory to the New York Convention , and this section reflects that commitment. But not every foreign award gets a free pass—Section 48 lists specific grounds on which enforcement can be refused . Grounds for Refusal of Enforcement There are two main categories under which a foreign award can be refused: 1. At the request of the party (Clause 1): A party opposing the award must prove: Incapacity or Invalid Agreement: If one party was legally incapable or the arbitration agreement wasn’t valid. No Proper Notice: If the other party wasn't given proper notice of the arbitrator's appointment or the arbitration proceedings. Award Be...