This week, we take a look at a recent decision of the Bombay
High Court (Court) in Imax Corporation v. E-City Entertainment (I)
Pvt. Ltd. & Ors.In this case, three foreign arbitral awards
were brought before the Court in a combined petition for
enforcement and execution, under section 47 and 49 of the
Arbitration and Conciliation Act, 1996 (Act). As the petition had
been made approximately 10 years after the passing of the final
award, the Court was required to determine what would be the
limitation period for such a petition. The Respondent contended
that there was no specific provision dealing with limitation for
enforcement of foreign awards, and hence the residuary provision
would apply, which provides a limitation period of three years. On
the other hand, the Petitioner argued that the limitation period
should be the same as for execution of a decree, i.e. twelve years.
In deciding this issue, the Court relied on the Supreme Court's
decision in Fuerst Day Lawson v.
