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ADR Assignment Priyanshu Kumar Final (1) Amended
ADR Assignment Priyanshu Kumar Final (1) Amended
ADR Assignment Priyanshu Kumar Final (1) Amended
Third Geneva Convention (1929): This Convention addresses the treatment of prisoners
of war (POWs) during armed conflicts. It sets out the rights and protections afforded to
captured military personnel, including provisions against torture and inhumane treatment.
Fourth Geneva Convention (1949): This Convention focuses on the protection of civilians
in times of armed conflict. It lays down rules regarding the treatment of civilians who are
not taking part in the hostilities, as well as civilians who are under the control of a party
to the conflict. It also deals with the treatment of civilian internees.
In addition to the four main Geneva Conventions, there are also Additional Protocols that
were adopted in 1977 to strengthen the protections for victims of armed conflicts. These
protocols address issues such as the protection of victims of non-international armed
conflicts and the protection of cultural property during armed conflicts.
• The prize must fit the definition of a "foreign award" as stated in the Act.
• The person against whom the award is asserted must have had adequate notice of the
arbitration proceedings and must have been given a chance to submit their case.
Application for Recognition: To get a foreign arbitral award recognized in India, the
individual seeking recognition must give an application before the appropriate court. The
court will then examine the conditions mentioned above and may enforce the award.
Grounds for Challenge: Acceptance and implementation of foreign awards can be
challenged on certain grounds, such as:
If the party against whom the award is passed was not given proper information
through notice of the arbitration proceedings or was not able to present their case.
If the award related with a subject matter not covered by the arbitration agreement
or exceeds the scope of the agreement.
If the formation of the arbitral tribunal or the arbitral procedure was not in
accordance with the agreement of the parties or the law of the Nation where the
arbitration was held.
Public Policy Exception: Indian courts can reject to Accept and implement foreign
awards if they are Notwithstanding to the fundamental principles of Indian rules or public
policy.
It's essential to seek legal advice and follow the specific procedures outlined in the Indian
Arbitration and Conciliation Act, 1996, when seeking recognition and enforcement of foreign
arbitral awards in India. This process is typically handled through the Indian judicial system,
and compliance with the relevant legal provisions is crucial for successful acceptance and
implementation.