Arbitration and Conciliation Act Section 44 — Definition

CHAPTER I — New York Convention Awards

Civil

Summary

In this Chapter, a “foreign award” means an arbitral award made on or after 11 October 1960. It must relate to differences between persons that arise out of legal relationships, whether contractual or not, and those relationships must be considered commercial under the law in force in India.

Under clause (a), the award must be made in pursuance of a written agreement for arbitration to which the Convention set out in the First Schedule applies.

Under clause (b), the award must be made in a territory that the Central Government has declared, by notification in the Official Gazette, to be a territory to which the said Convention applies. The Central Government can make such a declaration only if it is satisfied that reciprocal provisions have been made by that territory.

Official Text

In this Chapter, unless the context otherwise requires, “foreign award” means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India, made on or after the 11th day of October, 1960—

(a) in pursuance of an agreement in writing for arbitration to which the Convention set forth in the First Schedule applies, and

(b) in one of such territories as the Central Government, being satisfied that reciprocal provisions have been made may, by notification in the Official Gazette, declare to be territories to which the said Convention applies.