Sections 44-52 Arbitration Act 1996 deal with ENFORCEMENT OF FOREIGN AWARDS under the:
Answer & Solution
Correct answer: A.
1. PART II of the Arbitration and Conciliation Act 1996 deals with ENFORCEMENT OF CERTAIN FOREIGN AWARDS:
2. (i) CHAPTER I (Sections 44-52) — NEW YORK CONVENTION AWARDS:
3. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (NEW YORK CONVENTION) — adopted in New York on 10 June 1958, entered into force 7 June 1959.
4. INDIA acceded to the NY Convention on 13 July 1960 with two reservations: (a) RECIPROCITY — only applies to awards made in territory of another Contracting State; (b) COMMERCIAL — only applies to commercial matters.
5. (ii) CHAPTER II (Sections 53-60) — GENEVA CONVENTION AWARDS (Geneva Protocol 1923 and Geneva Convention 1927).
6. ENFORCEMENT process: party seeking enforcement applies to court with original award + agreement + translation if not in English.
7. GROUNDS FOR REFUSAL of enforcement (Section 48 / 57) closely mirror Article V NY Convention — narrow grounds including incapacity, lack of notice, beyond scope, invalid agreement, public policy.
8. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Sections 44-60 (Part II); New York Convention 1958_
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