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The Arbitration and Conciliation Act, 1996: page 33
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Explanation 2.—For the avoidance of doubt, the test as to whether there is a contravention with the
fundamental policy of Indian law shall not entail a review on the merits of the dispute.]
(3) If an application for the setting aside or suspension of the award has been made to a competent
authority referred to in clause (e) of sub-section (1) the Court may, if it considers it proper, adjourn the
decision on the enforcement of the award and may also, on the application of the party claiming
enforcement of the award, order the other party to give suitable security.
49. Enforcement of foreign awards.—Where the Court is satisfied that the foreign award is
enforceable under this Chapter, the award shall be deemed to be a decree of that Court.
50. Appealable orders.—(1) 1[Notwithstanding anything contained in any other law for the time
being in force, an appeal] shall lie from the order refusing to—
(a) refer the parties to arbitration under section 45;
(b) enforce a foreign award under section 48,
to the court authorised by law to hear appeals from such order.
(2) No second appeal shall lie from an order passed in appeal under this section, but nothing in this
section shall affect or take away any right to appeal to the Supreme Court.
51. Saving.—Nothing in this Chapter shall prejudice any rights which any person would have had of
enforcing in India of any award or of availing himself in India of any award if this Chapter had not been
e
enacted.
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52. Chapter II not to apply.—Chapter II of this Part shall not apply in relation to foreign awards to
which this Chapter applies. aC
CHAPTER II
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Geneva Convention Awards
In
53. Interpretation.—In this Chapter “foreign award” means an arbitral award on differences relating
to matters considered as commercial under the law in force in India made after the 28th day of July,
1924,—
(a) in pursuance of an agreement for arbitration to which the Protocol set forth in the Second
Schedule applies, and
(b) between persons of whom one is subject to the jurisdiction of some one of such Powers as the
Central Government, being satisfied that reciprocal provisions have been made, may, by notification
in the Official Gazette, declare to be parties to the Convention set forth in the Third Schedule, and of
whom the other is subject to the jurisdiction of some other of the Powers aforesaid, and
(c) in one of such territories as the Central Government, being satisfied that reciprocal provisions
have been made, may, by like notification, declare to be territories to which the said Convention
applies,
and for the purposes of this Chapter an award shall not be deemed to be final if any proceedings for the
purpose of contesting the validity of the award are pending in the country in which it was made.
54. Power of judicial authority to refer parties to arbitration.—Notwithstanding anything
contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, on being
seized of a dispute regarding a contract made between persons to whom section 53 applies and including
an arbitration agreement, whether referring to present or future differences, which is valid under that
section and capable of being carried into effect, shall refer the parties on the application of either of them
or any person claiming through or under him to the decision of the arbitrators and such reference shall not
prejudice the competence of the judicial authority in case the agreement or the arbitration cannot proceed
or becomes inoperative.
55. Foreign awards when binding.—Any foreign award which would be enforceable under this
Chapter shall be treated as binding for all purposes on the persons as between whom it was made, and
1. Subs. by Act 33 of 2019, s. 12, for “An appeal” (w.e.f. 30-8-2019).
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