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Waiver of the Right to Set-Aside and Resist the Enforcement of an Arbitral Award: An Indian Perspective

Waiver of the Right to Set-Aside and Resist the Enforcement of an Arbitral Award: An Indian... Setting aside an award and/or resisting the enforcement of the award is the only recourse an award-debtor has following the issuance of the adverse award. It has been suggested that such processes could be long drawn and deprive the successful party the early recovery of the fruits of its successful resolution. Some have suggested that perhaps parties could agree to waive their right to apply for setting aside and/or to resist the enforcement of the award upon its making. Such waivers require the consideration of whether they would eventually be enforceable. This article seeks to discuss the thorny problems for an Indian perspective, examining the perspective of the Indian courts and related legislative framework. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian International Arbitration Journal Kluwer Law International

Waiver of the Right to Set-Aside and Resist the Enforcement of an Arbitral Award: An Indian Perspective

Asian International Arbitration Journal , Volume 16 (1): 18 – May 1, 2020
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Publisher
Kluwer Law International
Copyright
Copyright © 2020 Kluwer Law International BV, The Netherlands
ISSN
1574-3330
Publisher site
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Abstract

Setting aside an award and/or resisting the enforcement of the award is the only recourse an award-debtor has following the issuance of the adverse award. It has been suggested that such processes could be long drawn and deprive the successful party the early recovery of the fruits of its successful resolution. Some have suggested that perhaps parties could agree to waive their right to apply for setting aside and/or to resist the enforcement of the award upon its making. Such waivers require the consideration of whether they would eventually be enforceable. This article seeks to discuss the thorny problems for an Indian perspective, examining the perspective of the Indian courts and related legislative framework.

Journal

Asian International Arbitration Journal – Kluwer Law International

Published: May 1, 2020

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