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ARTICLE · 25 MAY 2018

Supreme Court Makes Execution Of Arbitral Awards Easy And Expedient

In Cheran Properties Limited v. Kasturi and Sons Limited, the Supreme Court interpreted provisions regarding execution of awards under the Arbitration and Conciliation Act, 1996 vis-à-vis the power of fora ...

IndiaLitigation, Mediation & Arbitration
  • Parties can directly approach the appropriate forum vested with power to execute particular remedies granted in an arbitral award; the enforcement of an award can be initiated anywhere in the country where the decree can be executed and there is no requirement of obtaining a transfer of the decree from the Court which would have jurisdiction over the arbitral proceedings;
  • An arbitral award is binding on the persons who claim under the party at the enforcement stage, even if they are non-signatories to the arbitration agreement.

INTRODUCTION

In Cheran Properties Limited v. Kasturi and Sons Limited1, the Supreme Court interpreted provisions regarding execution of awards under the Arbitration and Conciliation Act, 1996 ("A&C Act") vis-à-vis the power of fora other than civil courts to execute particular remedies under arbitral awards. The Supreme Court has confirmed that an arbitral award for transmission of shares can be executed before the NCLT rather than

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