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India – Section 9 And Foreign Award Enforcement: Jurisdictional Question Settled, But Boundaries Still Uncertain.
['Rohin Pujari']
Conventus Law
Enforcement of a foreign award in India is not instantaneous.
Dispute BackgroundThe Petitioner filed a Section 9 petition seeking interim measure to secure the award amount pending enforcement of a foreign arbitral award.
Although rendered in the context of a domestic award, the reasoning indicates that Section 9 relief would remain available even during Stage III of foreign award enforcement.
ConclusionWhat remains to be seen is how the Bombay High Court, or the Supreme Court in subsequent cases address this issue.
The answer will determine the true outer boundary of the court’s power to grant interim protection under Section 9 in aid of foreign award enforcement.