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V.C. Govindaraj

Print publication date: 2018

Print ISBN-13: 9780199489282

Published to Oxford Scholarship Online: January 2019

DOI: 10.1093/oso/9780199489282.001.0001

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Law Relating to Procedure

Law Relating to Procedure

Chapter:
(p.148) Part VII Law Relating to Procedure
Source:
Private International Law
Author(s):

V.C. Govindaraj

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199489282.003.0010

The jurisprudential distinction between substance and procedure is that substance relates to rights and obligations of the parties to a dispute, and the procedure is the means employed to determine such rights and obligations. To elucidate the above distinction between substance and procedure, we may cite Article V (1) (e) of the New York Convention as example, which lays down the rule that a foreign arbitral award duly rendered becomes final and binding if, and only if, a domestic court endorses it. This procedural requirement finds its reflection in Section 17 of the Indian Arbitration Act, 1940. The said procedural requirement was done away with by the Arbitration and Conciliation Act, 1996 (See Section 35). Also, the procedural requirement for the conduct of arbitration in the country of the applicable law is not indispensable; and it is for the local court exercising jurisdiction to determine, based upon the interests of the parties before it, its jurisdictional competence. Municipal courts apply their local law of limitation as part of their procedural law in conflicts resolution.

Keywords:   substance, procedure, Article V (1) (e) of the New York Convention, foreign arbitral award, finality, Arbitration Act, 1940, Arbitration and Conciliation Act, 1996, forum for conduct of arbitration, law of limitation, procedural norm

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