Enforcing A Commercial US Arbitration Award In India

The prevailing cross-border system for dispute resolution —international arbitration— is often more predictable and less expensive than litigation. Enforcing a foreign award can, however, be arduous, especially in jurisdictions like India.

The first issue to be aware of is that there is no advantage in having a US Federal Court confirm the arbitration award and issue a judgment before seeking to enforce the award in India. An arbitral award and subsequent judgment have equal footing in the Indian judicial system insofar as recognition and execution are concerned. Once a party has the final award, it therefore may, and should, begin the enforcement process. Early engagement with Indian counsel will help effectively navigate Indian civil procedure issues.