ISSUE:
Whether a foreign arbitral award can be enforced by the courts of India under the Foreign Awards (Recognition and Enforcement) Act of 1961:
a. if the dispute is in relation to a family settlement
b. whether the award would be affected by public policy
c. Whether the enforcement would require a fresh suit for the enforcement in India if already enforced in the foreign country?
RULE:
A foreign arbitral award can be enforced by the Indian courts as per the Foreign Awards (Recognition and Enforcement) Act of 1961 is the same is due to a dispute commercial in nature, award is passed in a foreign territory and the said arbitration followed all norms of such proceedings.
A foreign arbitral award need not be registered under the Registration Act and does not violate the public policy of India simply because the properties involved are situated in India, until and unless such an award explicitly violates any statutory laws.
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