As per Section 44 of the Arbitration and Conciliation Act, 1996, there are six ingredients to an award being a foreign award under the said Section.
πFirst, it must be an arbitral award on differences between persons arising out of legal relationships.
πSecond, these differences may be in contract or outside of contract, for example, in tort.
πThird, the legal relationship so spoken of ought to be considered “commercial” under the law in India.
πFourth, the award must be made on or after the 11th day of October, 1960.
πFifth, the award must be a New York Convention award-in short it must be in pursuance of an agreement in writing to which the New York Convention.org applies and be in one of such territories.
πSixth, it must be made in one of such territories which the Central Government by notification declares to be territories to which the New York Convention applies.
Gemini Bay Transcription Pvt. Ltd. vs. Integrated Sales Service Ltd. and Ors. (10.08.2021 – SC) : MANU/SC/0517/2021
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