https://www.taxtmi.com/caselaws?id=281516 Under Part II of the Arbitration and Conciliation Act, 1996, resistance to a foreign award under Section 48 is available only when enforcement is sought. Section 46 makes a foreign award binding and usable by way of defence, set-off or otherwise, while Sections 47 to 49 create the enforcement framework. Section 48 operates as a responsive shield against enforcement, not as an independent pre-enforcement proceeding to set aside the award. In the absence of any enforcement action by the award-holder, a standalone Section 48 petition was held not maintainable. en-us Fri, 13 Jul 2012 00:00:00 +0530 Fri, 21 Jun 2019 16:27:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=281516 Under Part II of the Arbitration and Conciliation Act, 1996, resistance to a foreign award under Section 48 is available only when enforcement is sought. Section 46 makes a foreign award binding and usable by way of defence, set-off or otherwise, while Sections 47 to 49 create the enforcement framework. Section 48 operates as a responsive shield against enforcement, not as an independent pre-enforcement proceeding to set aside the award. In the absence of any enforcement action by the award-holder, a standalone Section 48 petition was held not maintainable. Case-Laws Companies Law Fri, 13 Jul 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=281516