Enforcement of Interim Orders Granted by Foreign Seated Arbitral Tribunals in India: A Classic Case of Close, but not Quite
Article from: TDM 2 (2018), in India
Abstract
The recent amendment to the Indian Arbitration & Conciliation Act, 1996 has been a step towards India being considered as a pro-arbitration jurisdiction. While the amendment has made interim orders granted by arbitral tribunals automatically enforceable as orders of the court, this enforcement framework does not cover within its ambit interim orders granted by arbitral tribunals seated outside India. In this context, the article analyses the Indian position on cross-border enforcement of interim orders, in comparison to the Model law and the position prevalent in other pro-arbitration ...