The question (12 marks)
What is a foreign award? Explain how such an award is enforced in India and the grounds on which enforcement may be refused, and show how those grounds differ from the grounds for setting aside a domestic award. (12 marks)
MU Module III, enforcement of foreign awards; pack ch. 03, ss. 44-51 and ss. 53-60; quick reference 4, limitation caution.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Foreign Awards, Conciliation, Mediation, Negotiation and Counselling of Alternate Dispute Resolution.
Authorities you will need
- Arbitration and Conciliation Act
- National Thermal Power Corporation v. Singer Company
- Fuerst Day Lawson Ltd. v. Jindal Exports Ltd.
- Thyssen Stahlunion GmbH v. Steel Authority of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.