The formal notification of the UAE as a “reciprocal territory” under Section 44(b) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) is long overdue. While both India and the UAE are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”), Indian law limits the enforcement of foreign arbitral awards to those from countries that have been designated as “reciprocating territories” in India’s official gazette.
The article was authored by Divyam Agarwal, Partner; Aniket Aggarwal, Senior Associate; and Priya Chauhan, Associate, and published in Bar & Bench.
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Divyam is a dual-qualified Indian Advocate and English Solicitor Advocate (having Higher Rights of Audience – Civil Law). Divyam is a specialist in international commercial arbitration and has a broad practice advising and representing corporates and financial institutions in disputes under commercial contracts.