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ARTICLE · 26 SEPTEMBER 2024

The Conundrum Surrounding The Enforceability Of Arbitral Awards In India

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The world has seen a tremendous growth in global trade and cross border transactions since the 1980s.

IndiaLitigation, Mediation & Arbitration
Prakhar Srivastava
Prakhar Srivastava
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  1. Introduction

The world has seen a tremendous growth in global trade and cross border transactions since the 1980s. Such heightened business activity has also resulted in a significant rise in contractual disputes compelling parties to seek resolution through alternate dispute resolution mechanisms, with a view to save both time and money. In the Indian legal system, Code of Civil Procedure, 1908 provides for such alternate mechanisms, including mediation, arbitration and conciliation. The Arbitration and Conciliation Act, 1996 ("Act") is the substantive law governing arbitrations and conciliation in India. However, despite being an exhaustive legislation, enforcement in India has never been easy and, in fact, jurisprudence shows enforcement of arbitral awards turns out to be a much more tedious and complicated process than what the parties intended to be.

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