ISSUE:
Whether an application for the execution of a foreign award under Section 47 of the Arbitration and Conciliation Act, 1996, could be dismissed if it was not accompanied by the appropriate arbitration agreement?
How the phrase "shall" should be construed in Section 47 of the Act in the context of producing documents, such as the original arbitration agreement, during the initial stage of submitting an application for the enforcement of a foreign award?
RULE:
The execution of international arbitral awards in India is governed by Section 47 of the Arbitration and Conciliation Act, 1996. Section 47 requires the party seeking international award enforcement to present certain papers, including the original arbitration agreement, at the time of application.