We act in arbitrations seated in India and abroad, including under SIAC, ICC and LCIA rules, on the Indian-law issues and on proceedings before Indian courts. We also act for award holders and judgment creditors seeking to enforce against assets in India, and for parties resisting enforcement. We also seek interim relief from Indian courts in support of arbitrations seated abroad.
What we advise on
- Enforcement of foreign awards under Part II of the Arbitration and Conciliation Act, 1996
- Interim measures from Indian courts in support of foreign-seated arbitration
- Asset tracing and pre-enforcement strategy
- Execution of decrees from reciprocating territories, and suits on judgments from other countries
- Resisting enforcement on the limited grounds the Act permits
- Coordination with tribunal counsel in Singapore, London, Paris and elsewhere
Key law and regulation
Arbitration and Conciliation Act, 1996, Parts I and II. Code of Civil Procedure, 1908, sections 13 and 44A. Commercial Courts Act, 2015.
Frequently asked questions
Can an award made in Singapore or London be enforced in India?
Yes. Singapore and the United Kingdom are both notified territories under the New York Convention for Indian purposes. An award made there can be enforced in India once the court is satisfied that none of the limited statutory grounds for refusal apply.
Can we get interim relief in India while an arbitration runs abroad?
Generally yes. Indian courts can grant interim measures in support of a foreign-seated international commercial arbitration unless the parties have agreed to exclude that power.
Is a United States or Canadian court judgment directly enforceable in India?
No. Neither country is a notified reciprocating territory, so a fresh suit must be filed in India on the foreign judgment. Judgments from reciprocating territories, such as the United Kingdom and Singapore, can be executed directly as decrees.
Which Indian court hears enforcement of a foreign award?
Enforcement is heard by the commercial division of the High Court that has jurisdiction over the subject matter or the assets. Choosing the right court matters, and assets in more than one state need a deliberate strategy.