ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937
(1) This Act may be called the Arbitration (Protocol and Convention) Act, 1937.
{Substituted by the A.O.1950.}[(2) It extends to the whole of India {The words "except Part B States" were omitted by Act 3 of 1951,Section 3 and Schedule.}.]
(3) The provisions of this Act, except this section, shall have effect only from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and the Central Government may appoint different dates{S.3 came into effect on the 30th November, 1937, see Gazette of India, 1937, Pt.1, p.1945; and ss.2 and 4 to 10 on the 23rd January, 1933, see Gazette of India 1938, Pt.1, p.25.}for the coming into effect of different provisions of the Act.
In this Act {Definition of "States" ins. by the A.O.1950 was omitted by Act 3 of 1951,Section3 and Sch}"foreign award" means an award on differences relating to matters considered as commercial under the law in force in {Substituted by the A.O.1950 for "the states".} [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 First 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{For such notification, see Gazette of India, 1938, Pt.I, p.24.}in the Official Gazette, declare to be parties to the Convention set forth in the Second Schedule, and of whom the other is subject to the jurisdiction of s
Notwithstanding anything contained in the {Substituted by the Act 32 of 1940, Section 3 and Schedule11, for "Indian Arbitration Act, 1899".} [Arbitration Act 1940], or in the Code of Civil Procedure, 1908, if any party to a submission made in pursuance of an agreement to which the Protocol set forth in the First Schedule as modified by the reservation subject to which it was signed by India applies, or any person claiming through or under him, commences any legal proceedings in any Court against any other part to the submission or any person claiming through or under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time after appearance and before filing a written statement or taking any other steps in the proceedings, apply to the Court to stay the proceedings; and the Court, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed, or that there is not in fact any dispute between
(1) A foreign award shall, subject to the provisions of this Act, be enforceable in {Substituted by Act 3 of 1951,Section 3 and Sch, for "the States".} [India] as if it were an award made on a matter referred to arbitration in {Substituted by Act 3 of 1951,Section 3 and Sch, for "the States".} [India]
(2) Any foreign award which would be enforceable under this Act shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in {Substituted by Act 3 of 1951,Section 3 and Sch, for "the States".} [India] , and any references in this Act to enforcing a foreign award shall be construed as including references to relying on an award.
(1) Any person interested in a foreign award may apply to any Court having jurisdiction over the subject-matter of the award that the award be filed in Court.
(2) The application shall be in writing and shall be numbered and registered as a suit between the applicant as plaintiff and the other parties as defendants.
(3) The Court shall direct notice to be given to the parties to the arbitration, other than the applicant, requiring them to show cause, within a time specified, why the award should not be filed.
(1) Where the Court is satisfied that the foreign award is enforceable under this Act, the Court, the Court shall order the award to be filed and shall proceed to pronounce judgment according to the award.
(2) Upon the judgment so pronounced a decree shall follow, and no appeal shall lie from such decree except in so far as the decree is in excess of or not in accordance with the award
(1) In order that a foreign award may be enforceable under this Act it must have---
(a) been made in pursuance of an agreement for arbitration which was valid under the law by which it was governed,
(b) been made by the tribunal provided for in the agreement or constituted in manner agreed upon by the parties,
(c) been made in conformity with the law governing the arbitration procedure,
(d) become final in the country in which it was made,
(e) been in respect of a matter which may lawfully be referred to arbitration under the law of {Substituted by Act 3 of 1951,Section 3 and Schedule for "States"} [India].
and the enforcement thereof must not be contrary to th
(1) The Party seeking to enforce a foreign award must produce-
(a) the original award or a copy thereof duly authenticated in manner required by the law of the country in which it was made;
(b) evidence proving that the award has become final; and
(c) such evidence as may be necessary to prove that the award is a foreign award and that the conditions mentioned in clauses (a), (b) and (c) of sub-section (1) of section 7 are satisfied.
(2) Where any document requiring to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as
Nothing in this Act shall-
(a) prejudice any rights which any person would have had of enforcing in {Substituted by Act 3 of 1951, Section 3 and Schedule for "the states".} [India] any award or of availing himself in {Substituted by Act 3 of 1951, Section 3 and Schedule for "the states".} [India] of any award if this Act had not been passed, or
(b) apply to any award made on an arbitration agreement governed by the law of {Substituted by Act 3 of 1951, Section 3 and Schedule for "the states".} [India].
The High Court may make rules consistent with this Act as to---
(a) the filing of foreign awards and all proceedings consequent thereon or incidental thereto;
(b) the evidence which must be furnished by a party seeking to enforce a foreign award under this Act; and
(c) generally, all proceedings in Court under this Act.
The undersigned, being duly authorised, being duly authorised, declare that they accept, on behalf of the countries which they represent, the following provisions:
1. Each of the Contracting States recognises the validity of an agreement whether relating to existing or future differences between parties subject respectively to the jurisdiction of different Contracting States by which the parties to a contract agree to submit to arbitration all or any differences that may arise in connection with such contract relating to commercial matters or to any other matter capable of settlement by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the parties is subject.
Each Contracting State reserves the right to limit the obligation mentioned above to contracts which are considered as commerci
THE SECOND SCHEDULE
CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL A WARDS
Article 1.-In the territories of any High Contracting Party to which the present Convention applies, an arbitral award made in pursuance of an agreement, whether relating to existing or future differences (hereinafter called "a submission to arbitration") covered by the Protocol on Arbitration Clauses opened at Geneva on September 24th, 1923, shall be recognised as binding and shall be enforced in accordance with the rules of the procedure of the territory where the award is relied upon , provided that the said award has been made in a territory of one of the High Contracting Parties to which the present Convention applies and between persons who are subject to the jurisdiction of one of the High Contracting Parties.
T
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
