Regarding an interim award

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Querist : Anonymous

Querist : Anonymous (Querist)

09 July 2015 Can anybody pls tell me if an interim award passed in Singapore or any other country outside India can be further dealt with in India ?

Querist : Anonymous

Querist : Anonymous (Querist)

09 July 2015 under Arbitration and Conciliation Act

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

20 July 2025 Yes, an interim award passed outside India (such as in Singapore) can be dealt with in India, but with certain limitations and conditions, particularly under the Arbitration and Conciliation Act, 1996 (as amended).

Here’s how it works under Indian law:

🔹 1. What Is an Interim Award?
An interim award is a partial decision made by an arbitral tribunal during the course of arbitration proceedings, which decides certain preliminary issues or parts of the claim.

🔹 2. Applicable Law in India
In India, the relevant law is the Arbitration and Conciliation Act, 1996, especially:

Part I – Deals with domestic arbitration and international commercial arbitration seated in India.
Part II – Deals with foreign awards under the New York Convention or the Geneva Convention (i.e., arbitral awards made outside India).
Singapore is a New York Convention country, and India recognizes Singapore-seated arbitration awards under Part II of the Act.
🔹 3. Can Interim Awards Be Enforced in India?
Here’s the key distinction:

Only “Final” Foreign Awards are enforceable under Part II of the Arbitration Act in India.
Interim Awards passed outside India are not directly enforceable under Indian law as "foreign awards".
This is backed by:

Supreme Court in “Vodafone International Holdings v. UOI” and “Bharat Aluminium Co. v. Kaiser Aluminium (BALCO)”: Only final awards from arbitrations seated outside India are enforceable in Indian courts under Part II.
🔹 4. So, What Are Your Options in India?
If you have an interim award from a foreign-seated arbitration (e.g., Singapore), and want to take action in India, here are your options:

Wait for the final award, and then enforce it under Section 44–52 of the Act (Part II, Chapter I).
If urgent relief is needed in India:
You may approach Indian courts under Section 9 of the Act for interim relief before or during foreign arbitration, but not to enforce an interim award.
The Indian court may grant protection (e.g., injunctions, asset freezing) even if the seat is outside India (as per Bhatia International doctrine, applicable for arbitrations initiated before 6 Sept 2012).
For newer arbitrations (post-BALCO), Section 9 is available only if the parties agree to apply Part I to a foreign-seated arbitration (see Section 2(2) proviso after 2015 amendment).
🔹 5. Conclusion
❌ Interim awards from foreign-seated arbitrations (like in Singapore) are not directly enforceable in India.
✅ Final foreign awards can be enforced under Part II of the Act.
✅ Interim measures can be sought in Indian courts via Section 9, depending on seat, timing, and agreement.
✅ Recommendation:
If you're involved in a case where an interim award is passed in Singapore and action is needed in India:

Consult a legal expert to analyze seat of arbitration, date of agreement, and jurisdiction clause.
Explore interim protection under Section 9 or wait for final award for enforcement under Part II.

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