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The Arbitration and Conciliation Act, 1996: page 40

The Arbitration and Conciliation Act, 1996, India Code delivered snapshot 6fb32e5ffe258174, physical page 40. Unreviewed extraction.

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                                          THE FIRST SCHEDULE

                                               (See section 44)
        CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
                                                 ARTICLE 1
     1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the
territory of a State other than the State where the recognition and enforcement of such awards are sought,
and arising out of differences between persons, whether physical or legal. It shall also apply to arbitral
awards not considered as domestic awards in the State where their recognition and enforcement are
sought.
    2. The term “arbitral awards” shall include not only awards made by arbitrators appointed for each
case but also those made by permanent arbitral bodies to which the parties have submitted.
    3. When signing, ratifying or acceding to this Convention, or notifying extension under article X
hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the
recognition and enforcement of awards made only in the territory of another Contracting State. It may
also declare that it will apply the Convention only to differences arising out of legal relationships,
whether contractual or not, which are considered as commercial under the national law of the State
making such declaration.
                                                 ARTICLE II
                                                                      e
                                                                od
     1. Each Contracting State shall recognise an agreement in writing under which the parties undertake
                                                           aC
to submit to arbitration all or any differences which have arisen or which may arise between them in
respect of defined legal relationship, whether contractual or not, concerning a subject-matter capable of
settlement by arbitration.                           di
    2. The term “agreement in writing” shall include an arbitral clause in a contract or an arbitration
                                                In
agreement, signed by the parties or contained in an exchange of letters or telegrams.
     3. The court of a Contracting State, when seized of an action in a matter in respect of which the
parties have made an agreement within the meaning of this article, shall, at the request of one of the
parties, refer the parties to arbitration, unless in finds that the said agreement is null and void, inoperative
of incapable of being performed.
                                                 ARTICLE III
     Each Contracting State shall recognize arbitral awards as binding and enforce them in accordance
with the rules of procedure of the territory where the award is relied upon, under the conditions laid down
in the following articles. There shall not be imposed substantially more onerous conditions or higher fees
or charges on the recognition or enforcement of arbitral awards to which this Convention applies than are
imposed on the recognition or enforcement of domestic arbitral awards.
                                                 ARTICLE IV
     1. To obtain the recognition and enforcement mentioned in the preceding article, the party applying
for recognition and enforcement shall, at the time of the application, supply:—
        (a) the duly authenticated original award or a duly certified copy thereof;
        (b) the original agreement referred to in article II or a duly certified copy thereof.
    2. If the said award or agreement is not made in an official language of the country in which the
award is relied upon, the party applying for recognition and enforcement of the award shall produce a
translation of these documents into such language. The translation shall be certified by an official or
sworn translator or by a diplomatic or consular agent.




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