Comparative Guides

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4. Results: Answers
International Arbitration
Enforcement of awards
Are awards enforced in your jurisdiction? Under what procedure?

Answer ... As per the Arbitration Act, domestic awards (ie, awards made under Part I of the act) are enforced under Section 36 in accordance with the Code of Civil Procedure, 1908 in the same manner as a decree of the court. However, a party cannot apply to enforce the award until 90 days after its receipt.

Further, foreign awards under Part II, Chapters I and II of the Arbitration Act can be enforced by a court under Section 49 in the same manner as a decree of the court. A foreign award is enforceable only if it was issued in a country which is a signatory to the New York Convention or the Geneva Convention, and if that country has been notified by India as a convention country. In the case of a foreign award, the court will determine whether it was made in accordance with requirements of the Arbitration Act; if it is found to be enforceable, it may be enforced in the same manner as a decree of the court.

In Sundaram Finance v Abdul Samad ([2018] 143 CLA 1 (SC)) a two-judge bench of the Supreme Court of India clarified the anomaly with regard to the appropriate jurisdiction for enforcement of an arbitral award. The court held that an application for enforcement of an arbitral award under the Arbitration Act may be filed in any jurisdiction in the country where such decree is capable of being executed, and there is no requirement to seek a transfer of the decree from the court which has jurisdiction over the arbitration proceedings.

For more information about this answer please contact: Manoj Singh from Singh & Associates
International Arbitration