How an arbitration award is executed in India?

Asked by: Prof. Elmira Boyer  |  Last update: September 17, 2023
Score: 4.8/5 (37 votes)

Numaligarh Refinery Ltd., an arbitral award can be executed with a judgment debtor or his property at any particular place in close nexus, and in order to transfer the award to the court where, among other things, the judgement debtor's assets or possessions are located, the person in whose respect the award is not ...

How is arbitration award enforced in India?

India: Arbitration, Litigation and Conciliation. Section 36 of the Arbitration and Conciliation (Amendment) Act, 2015 deals with the enforcement of domestic awards. It provides that an award shall be enforced once the time for making an application to set aside the award under Section 34 of the Act has expired.

What happens after arbitration award in India?

The arbitrator's final decision on the case is called the “award.” This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.

What are the steps in the arbitration process in India?

Get your statement of claim, reply to the statement of claim or counterclaim through top arbitration lawyers. Hearing of Parties - Arbitral tribunal will hear both the parties and their evidence. Award - After hearing the parties, the arbitral tribunal will pass the decision.

What is the time limit for arbitral award in India?

The Supreme Court of India in its recent judgment in has inter alia held that the time limit of 12 (twelve) months as provided under the amended Section 29A (1) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) for rendering an award does not apply to 'international commercial arbitrations'.

#BharatkaLaw. Arbitration Award and Execution of Award

32 related questions found

What are the grounds for challenging arbitral award in India?

The grounds for challenging an award are there under Section 34 of the Arbitration Act and the party challenging the award has the recourse limited to the same. Section 34(2)(b)(ii) of the Arbitration Act stipulates that an arbitral award can be challenged if it is a violation of the public policy of India.

Can you go to court after arbitration in India?

If arbitration is ineffective and non-binding, any party or parties are at liberty to appeal this award without requiring any reasonable ground to appeal. But if the Arbitration is binding, then the party or the parties need a concrete reason to challenge the award in court, just as in the case of jury award.

How long does arbitration process take in India?

As per the 2015 Amendments, an award has to be made within a period of twelve months from the date the arbitral tribunal is appointed and such period may be ex-tended by a maximum period of six months by the parties. For any subsequent extension, an application to the court would need to made.

What happens if one party refuses arbitration?

Section 4 of the Federal Arbitration Act (FAA) says “a party aggrieved by the alleged failure, neglect or refusal of another to arbitrate under a written agreement for arbitration may petition any U.S. district court ... for an order directing that such arbitration proceed in the manner provided for in such agreement.”

What are the 4 stages of arbitration?

There are five main stages to the arbitration process: (i) initial pleadings; (ii) panel selection; (iii) scheduling; (iv) discovery; (v) trial prep; and (vi) final hearing.

How long does arbitration take to settle?

You can usually expect to hear the arbitrator's decision within 45 days of the arbitrator closing the proceedings. However, this timescale is usually set by agreement between you, the other party and the arbitrator.

What is the interest rate on arbitration award in India?

(b) A sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest at the rate of eighteen per centum per annum from the date of the award to the date of payment.

How long does it take to get paid after arbitration?

Pursuant to Code of Arbitration Procedure Rule 12904 for Customer Disputes and Rule 13904 for Industry Disputes, all monetary awards shall be paid within 30 days of receipt, unless a motion to vacate has been filed in a court of competent jurisdiction.

Is India arbitration friendly?

The courts in India have consistently adopted arbitration friendly approach.

What happens in arbitration in India?

It is a legal technique for the resolution of dispute outside the courts, wherein the parties to a dispute refer it to one or more persons namely arbitrator(s) by whose decision (the “award”) they agree to be bound. The Indian law with respect to the arbitration is largely based on the English Common Law.

Is arbitration award taxable in India?

At the outset, learned counsel for the assessee submitted, while deciding assessee's appeal on identical issue, the Tribunal has upheld the decision of learned Commissioner (Appeals) in holding that the amount received by virtue of arbitration award is taxable under the head “Income from other sources” under section 56 ...

Who pays the costs of arbitration?

Once the arbitrator has paid or is required to pay an expense, the parties must pay this amount and it is non-refundable.

What voids an arbitration?

The issue or dispute is not covered by a valid arbitration agreement, such as when there is an issue the parties did not agree to arbitrate; The arbitration was tainted by fraud; and/or. Misconduct on the part of the arbitrator that affected their decision.

Can I still sue if I signed an arbitration agreement?

In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if you didn't understand your rights or your claims fall outside of the scope of the arbitration provision.

What happens if you don't attend arbitration in India?

[1] The ICC Rules, Article 6(8) provides, “If any of the parties refuses or fails to take part in the arbitration or any stage thereof, the arbitration shall proceed notwithstanding such refusal or failure.” Similar provisions are also provided for in the LCIA Rules, Article 15.8; SIAC Rules, Rule 20.9; UNCITRAL Rules, ...

What are the rules of evidence in arbitration in India?

Evidence to be presented during the arbitral proceedings

Parties are required to present those evidence only which can support their claims . Irrelevant proofs are inadmissible by the arbitrator . The evidence can be electronic evidence . The evidence given should be labelled in a certain order.

Why arbitration is not working in India?

Lack of Fair Laws

In India, there is a serious need for more comprehensive arbitration and proceedings law to be introduced. The lawmakers ought to research the problems of business houses' needs and requirements, which typically deal with arbitration proceedings, thoroughly.

Is arbitration done by a judge?

In simple terms, arbitration is the out-of-court resolution of a disagreement between two commercial parties decided by an impartial third party, the arbitrator. By TV standards, arbitration may seem like the less-sexy cousin of litigation. No judge, no jury, no courtroom.

Is an arbitration decision final?

Under binding arbitration, the parties agree to accept the arbitrator's decision as final, limiting their right to seek resolution of the dispute by a court. But under nonbinding arbitration, if either party rejects the arbitrator's decision, the parties are generally free to go to court in the regular way.

What types of disputes are not covered under arbitration in India?

Under Indian law, the kinds of disputes that can't be resolved by arbitration include:
  • Criminal offences.
  • Matrimonial disputes.
  • Guardianship matters.
  • Insolvency petitions.
  • Testamentary suits.
  • Trust disputes.
  • Labour and industrial disputes.
  • Tenancy and eviction matters governed by rent control statutes.