AIR 1998 SUPREME COURT 707 ::1998 AIR SCW 394 ::1998 (1) Arbi LR 228 ::1998 (1) ADSC 268 ::(1998) 1 ArbiLR 228 ::(1998) 28 CorLA 125 ::1998 (1) RecCivR 593 ::(1998) 1 Scale 86 ::1998 (1) CurCC 51 ::1998 (2) SCC 281 ::1999 (96) Com Cas 367 ::1998 (1) Bom LR 423 ::1998 Bom LR 1 423 ::(1998) 1 Supreme 244 ::(1998) 1 JT 101 (SC)

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): Sujata Manohar, D. P. Wadhwa , JJ

(A) Foreign Awards (Recognition and Enforcement) Act (45 of 1961) , S.2— Foreign award - Award made in Ukraine after break-up of USSR - Is foreign award - Ukraine was part of territories of USSR which was recognised by India as reciprocating territory and continues to be so even after its political separation. An award made in Ukraine after the break up of USSR is a foreign award even in absence of a separate notification recognising it as a reciprocating territory. By a notification under S. 2 issued by the Ministry of Foreign Trade Dt. 7-2-1972 USSR has been notified as a reciprocating territory. The notification of 7th of February, 1972 covers awards made in the territories of the then existing USSR which included Ukraine as a part of it. Although various republics which formed a part of the territories of the USSR may have separated, the territories continue to be covered by the notification of 7-2-1972. Prior to 1992 an award made in Ukraine was an award made in a reciprocating territory as notified and this position continues even after the political separation of various Soviet Socialist Republics. Ukraine continues to be a signatory to the New York Convention and the notification of 7-2-1972 continues to operate in the territories then forming part of the USSR, including the territory of Ukraine. The various agreements between India and the Russian R....