Introduction
Divergent views were expressed by different High Courts on the
issue of limitation period for enforcing foreign awards.
Until recently, the law on limitation period for filing a
petition seeking enforcement of a foreign award under the
Arbitration and Conciliation Act, 1996 (Arbitration Act) remained
largely unsettled. This in turn allowed foreign award holders to
take their time in examining the viability of bringing enforcement
action in India against award debtors and at the same time
permitted award debtors to oppose enforcement of foreign awards at
the very threshold, on account of limitation.
On 16 September 2020, the Supreme Court of India in
Government of India v. Vedanta Limited & Ors.
(Civil Appeal No. 3185 of 2020) has laid to rest the
debate on limitation period to enforce a foreign award by
conflating the provisions of the Indian Limitation Act, 1963
(Limitation Act) and the Arbitration Act.
