For an award meeting the other requirements of section 44 of the Arbitration and Conciliation Act,…

Under section 44 of the Arbitration and Conciliation Act, 1996, a foreign award is one on differences arising from a commercial legal relationship, under a written agreement governed by the New York Convention, made in a territory notified by the Central Government on the basis of reciprocity. What matters is "An award made in an arbitration seated in a qualifying foreign territory"; party nationality, as in "An award in arbitration where at least one party is non-Indian" or "An award passed in arbitration where both the parties are non-Indian", is not decisive.