Question

The enforcement of a foreign award may be refused if ______________.

• A. the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator
• B. enforcement of the award would be contrary to the public policy of India
• C. none of the above
• D. both (A) and (B)

Answer 1

Answer: (D)

both (A) and (B)

As per Section 48 of the act, enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the court proof that the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case. Further enforcement of an arbitral award may also be refused if the court finds that the enforcement of the award would be contrary to the public policy of India.

Hence, D is the correct option.