Enforcement Of Arbitration Awards In India (Part 1)

First published in AIAJ Vol. 4 No.1 Pages 64 – 82.

A. Introduction:

A jurisdiction's credibility as an arbitration friendly one rests primarily on the efficiency and efficacy of its award enforcement regime.

This article examines the award enforcement regime in India.

B. The "Old" Law:

Prior to January 1996, the law of enforcement of arbitration awards in India was spread between three enactments. Enforcement of domestic awards was dealt with under a 1940 Act¹. Enforcement of foreign awards was divided between two statutes a 1937 ²Act to give effect to Geneva Convention ³awards and a 1961 Act⁴ to give effect to the New York Convention⁵ awards. As the Geneva Convention became virtually otiose (by reason of Article VII of the New York Convention) enforcement of foreign awards, for all practical purposes, was under the 1961 Act and for domestic awards was under the 1940 Act. The