Limitation Period For Enforcement Of Foreign Award

Co-authored by Samiksha Goel, Law Intern

About 5 months ago, when a two judges' bench of Hon'ble Supreme Court of India ("SC") decided the issue regarding the limitation period for execution of a foreign decree, the most debated question was as to whether the said law would apply equally qua the limitation period for enforcement of a foreign award. The apex court has now put to rest even the issue concerning the period of limitation for execution of a foreign award by a judgment of three judges' bench in the case of Government of India v. Vedanta Ltd. & Others¹.

In the matter of Bank of Baroda Vs. Kotak Mahindra Bank², the apex court had held that period of limitation for execution of foreign decree would be governed as per law prevalent in the cause country (the foreign county where the decree was passed) and not as per the law prevailing in the forum country (country where foreign decree is sought to be enforced i.e. India). It was held that Article 136³ of the