International arbitration enforcement, foreign judgment recognition, commercial court litigation, emergency arbitration, interim measures and mediation for foreign companies in disputes with Indian counterparties or involving Indian assets.
Short, direct, on the record.
Yes. India is a signatory to the New York Convention and foreign awards from Convention countries can be enforced under Part II of the Arbitration and Conciliation Act. The 2015 amendment narrowed the public policy ground, making enforcement more reliable. Courts can only refuse enforcement on limited grounds: incapacity, invalid agreement, procedural irregularity, non arbitrable subject matter or public policy violation.
Enforcement proceedings typically take 1 to 3 years in the first instance, though contested cases with appeals can take longer. The 2015 amendment introduced a provision that enforcement applications should be disposed within 1 year. Commercial Courts in Delhi and Mumbai are generally faster than other jurisdictions.
No. The US is not a reciprocating territory under Section 44A CPC. A US judgment cannot be directly executed in India. The judgment holder must file a fresh suit in an Indian court using the US judgment as evidence of the debt or cause of action. The Indian court can examine the judgment on merits to a limited extent.
Yes. After the 2015 amendment, Section 9 allows Indian courts to grant interim measures in international commercial arbitrations regardless of the seat. This includes injunctions, asset preservation orders and appointment of receivers. The court can grant interim relief before, during or after the arbitral proceedings.
Share the dispute nature, counterparty, applicable agreement and the relief sought for a preliminary assessment.