Law: Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2011

Section: 6,7

(a) Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act (XVII of 2011)--- ----Ss. 6 & 7---United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York on I0th June, 1958 (the "New York Convention"), Arts. III, IV, V---Application for enforcement of foreign arbitral award---Legislative intent and policy for enforcement of foreign arbitral awards---Adjudication of an application under S. 6 of the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011---Grounds for refusal to recognize/enforce foreign arbitral awards---Pro-enforcement bias---Scope---Section 7 of Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 provided that only grounds for refusal of recognition and enforcement of an award shall be those given in Art. V of the New York Convention and no other and therefore, any challenge premised on Art.II read with Art.IV of the New York Convention stood ousted and the court was obligated to recognize and enforce an award unless it found such award to run foul of Art. V of the New York Convention---General pro-enforcement bias existed which permeated the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, and was the policy of the law and must be the underlying thrust to liberalize procedures for enforcing foreign arbitral awards---Courts, on a proper objective analysis must give effect to such intention of the Legislature and purpose of the New York Convention, in the enforcement of foreign arbitral awards---Centrality of statutory enterprise consisted in shunning a tendency to view an application for enforcement of foreign arbitral award with skepticism and to consider such arbitral award as having a sound legal and foundational element---Such presumption was for the respondent to rebut upon proof being furnished and more importantly, the policy of the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 required the Court to dispose of issues by the usual test for summary , and not by a regular trial. Redfern and Hunter, et. Al. Law…

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