Awards made in India under Indian Procedural Law

It has been held that the term 'award' used in the Indian Arbitration Act, 1940 means an award under that Act. It is, therefore, to be presumed that the award will be enforced under the provisions of the Arbitration Act.

If the award is one to which the Geneva Convention of 1937 or the New York Convention of 1958 applies, it had to be enforced under the Arbitration (Protocol and Convention) Act, 1937 or the Foreign Awards (Recognition and Enforcement) Act, 1961. Now the new Act replaces the Arbitration Protocol and Convention/Act and the foreign awards (Recognition and Enforcement) Act.*

An award made in India under foreign procedural law is one to which neither the Arbitration Act, 1940, nor the Conventions, will apply. Its enforceability in India depends on the general law.

An award made outside India under foreign law is a foreign award. If it is one to which either of the Conventions applies, it had to be enforced under the implementing Acts of 1937 and 1961 respectively in the past and the new Act now. In other cases, its enforceability in India depends on the general law.