Issues Relating to Arbitration in Outsourcing Contracts Essay

Issues Relating to arbitration in Outsourcing Contracts - Essay ExampleThe essay Issues Relating to Arbitration in Outsourcing Contracts aims to find out how a foreign arbitrational award can be apply or get annulled by Indian courts. The Indian Arbitration and Conciliation Act, 1996- section 48 deals with the stipulations for the effectuation of foreign awards in India. The reasons for refusal to implement a foreign award in India are that of analogs to the New York Convention. As per section 48 of the Arbitration and Conciliation Act, 1966 of India, the ground for setting aside for a foreign arbitral award would be any of the followingIf a party to the contract was under some incapability or Under the governing law, if the arbitration agreement was not validNo proper discover of either the arbitral proceedings or the appointment of the arbitrator was given to any of the partiesIf the award exceeds its backcloth of the submissionIf the award is pertaining to a dispute not agr eed by or not dropping within the purview of the subject matter of the arbitration.If the arbitral procedure or the composition of the arbitral court was not in tune with the consent of the partiesArbitration process may not be employ for arriving at a conclusion as the subject matter of arbitration is so graveWhere the arbitral award is against the public policy of India.It is to be noted that even if a nation is a signatory to the New York Convention, it doesnt automatically connote that an arbitral award passed in such a nation would be enforceable in India.