A swift and smooth enforcement of domestic arbitral awards is
unquestionably an ideal prospect, but can be elusive at times due
to the framework for court proceedings involved in enforcing an
award. The time taken and procedures involved in enforcement
proceedings have drawn substantial criticism over the years, paving
the way for the amendments in 2015 and 2019 to the Arbitration and
Conciliation Act, 1996 (the "Arbitration
Act").
These amendments have, however, caused uncertainty in
deciphering the legislative framework that would apply to court
proceedings in relation to an arbitral award. This article
discusses the amendments to the Arbitration Act concerning the
enforcement of domestic awards and the implications of a recent
judgment of the Supreme Court of India in Hindustan
Construction Company Limited & Anr. v. Union of India
& Ors. (Writ Petition (Civil) No. 1074 of 2019)
("Hindustan Construction").
