In this Chapter "foreign award" means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India, made after the 28th day of July, 1924—
(a) in pursuance of an agreement for arbitration to which the Protocol set forth in the Second Schedule applies, and
(b) between persons of whom one is subject to the jurisdiction of some one of such Powers as the Central Government, being satisfied that reciprocal provisions have been made, may, by notification in the Official Gazette, declare to be parties to the Convention set forth in the Third Schedule, and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid, and
(c) in one of such territories as the Central Government, being satisfied that reciprocal provisions have been made, by like notification, declare to be territories to which the said Convention applies,
and for the purposes of this Chapter an award shall not be deemed to be final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made.
Legal Commentary & Landmark Judgments: Section 53
Section 53 of the Arbitration and Conciliation Act, 1996 provides the interpretation and definition of 'foreign award' under the Geneva Convention (Chapter II of Part II).
Verify whether the foreign country is notified under the Geneva Convention if the New York Convention is inapplicable; ensure the underlying transaction is commercial under Indian law.