Question

Section $53$ talks about the arbitration agreement:

• A. in general
• B. in specific
• C. in simpliciter
• D. none of the above

Answer 1

Answer: (C)

in simpliciter

As per section 53 of the Act, “foreign award” means an arbitral award on

differences relating to matters considered as commercial under the law in force in India made after the 28th day of July 1924, -

(a) In pursuance of an agreement for arbitration to which the Protocol set forth in the Second Schedule applies, and

(b) Between persons of whom one is subject to the jurisdiction of someone of such Powers as the Central Government, being satisfied that reciprocal provisions have been made, may, by notification in the Official Gazette, declare to be parties to the Convention set forth in the Third Schedule, and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid, and

(c) In one of such territories as the Central Government, being satisfied that reciprocal provisions have been made, may, by like notification, declare to be territories, to which the said Convention applies, And for the purposes of this Chapter, an award shall not be deemed to be final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made.

As per these provisions, the arbitration agreement here is talked about in unconditional sense and hence in simpliciter.