Enforcement of Foreign Awards and Judgments
A foreign award is worth what it can be enforced against, and Indian enforcement is a specialist exercise rather than a formality.
What we do
We enforce foreign arbitral awards in India under Part II of the Arbitration and Conciliation Act, 1996, and foreign judgments under Section 44A and Section 13 of the Code of Civil Procedure, 1908, including the distinction between reciprocating and non-reciprocating territories that determines whether the creditor enforces or sues afresh. We handle the public policy and natural justice objections that Indian debtors raise as a matter of course. Alongside the application we run asset identification against Indian records, attachment, garnishee proceedings and execution, and where a corporate debtor is being emptied we consider insolvency as a parallel pressure. Foreign firms holding an award against an Indian party usually need three things quickly, being an honest assessment of enforceability, a view on where the assets are, and a timetable. We give those before the application is filed.
Experience
The matters below are described without identifying the client, unless the client has consented in writing to being named.
