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ARTICLE · 23 NOVEMBER 2021

Limitation Period For Enforcement Of Foreign Arbitral Award

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The ambiguity with regard to the limitation period involved in the enforcement of foreign arbitral awards has been an issue since a very long time with different High Courts passing contrary judgements.

IndiaLitigation, Mediation & Arbitration

BACKGROUND

The ambiguity with regard to the limitation period involved in the enforcement of foreign arbitral awards has been an issue since a very long time with different High Courts passing contrary judgements1. The longstanding ambiguity has finally been settled by the Supreme Court in the case of Government of India v. Vedanta Limited2.

The Court in this case interpreted the two sections namely section 136 and 137 of the Limitation Act at length in order to ascertain the applicability of the respective sections in case of the limitation period involved in the execution of the Foreign Arbitral Award and held that the limitation period involved in the execution of the Foreign Arbitral Award would be governed by Section 137 of the Limitation Act.

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