9911796707
TMI Blog2002 (6) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to as the "Act". Section 47 requires the party to comply with certain requirements. It reads as follows : "47. Evidence. (1) The party applying for the enforcement of a foreign award shall, at the time of the application, produce before the court ( a )the original award or a copy thereof, duly authenticated in the manner required by the law of the country in which it was made; ( b )the original agreement for arbitration or a duly certified copy thereof; and ( c )such evidence as may be necessary to prove that the award is a foreign award. (2) If the award or agreement to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into English certifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Act : "The only difference as found is that while under the Foreign Award Act a decree follows, under the new Act the foreign award is already stamped as the decree. Thus, in our view, a party holding foreign award can apply for enforcement of it but the Court before taking further effective steps for the execution of the award has to proceed in accordance with sections 47 to 49. In one proceeding there may be different stages. In the first stage the Court may have to decide about the enforceability of the award having regard to the requirement of the said provisions. Once the Court decides that foreign award is enforceable, it can proceed to take further effective steps for execution of the same. There arises no question of making fore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one for deciding the enforceability of the award and the other for its execution. Therefore, such an award can be directly put in execution and the executing Court would be entitled to execute it upon considering whether the award complies with the provisions of Part II Chapter I in relation to New York Convention Awards and Chapter II in relation to Geneva Convention Awards as may be applicable. It may be noted that when foreign decrees are put in execution under section 44A of the Code of Civil Procedure also the procedure does not contemplate two separate proceedings, one for deciding the enforceability of the foreign decree and the other for its execution. 6. In the circumstances, the petitioner is directed to put the award in exec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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