Arbitration and Conciliation Act Section 53 — Interpretation
CHAPTER II
Civil
Summary
This section defines what counts as a foreign award for the purposes of this Chapter. A foreign award is an arbitral award dealing with differences that are considered commercial under Indian law, and it must have been made after 28 July 1924.
Under clause (a), the award must be made in pursuance of an arbitration agreement to which the Protocol set out in the Second Schedule applies.
Under clause (b), the award must be between persons where one is subject to the jurisdiction of a Power that the Central Government has, by notification in the Official Gazette, declared to be a party to the Convention set out in the Third Schedule, and the other person is subject to the jurisdiction of some other such Power. The Central Government makes this declaration only when it is satisfied that reciprocal provisions have been made.
Under clause (c), the award must be made in one of the territories that the Central Government has, by similar notification, declared to be territories to which the said Convention applies, again only when satisfied that reciprocal provisions have been made.
For the purposes of this Chapter, an award is not considered final if any proceedings to contest its validity are pending in the country where it was made.
Official Text
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.