Issue Of Jurisdiction And Execution Of Arbitral Awards

Arbitration friendliness of a jurisdiction is primarily dependent on the enforcement regime of Arbitral Awards by the Courts of the jurisdiction.

This article will be dealing with the question of whether an Award under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act), is required to be first filed in the Court having jurisdiction over the arbitration proceedings, for execution and then to obtain precept for transfer of the decree or whether the Award can directly be filed for execution in the Court where the assets of the Judgment Debtor are located. There have been conflicting opinions of various High Courts and the law in this regard is being explored herein.