Key points
- A domestic award becomes enforceable as a decree of the court once the three-month Section 34 window closes or the challenge is dismissed.
- A foreign award from a New York Convention country is enforced in the High Court under Sections 47 to 49, with limited grounds for refusal.
- Enforcement proceeds under the execution provisions of the CPC: attachment, sale, garnishee orders and arrest in appropriate cases.
Step by step
- Confirm the award is enforceable
For a domestic award, check that three months (plus any 30-day extension) have passed without a Section 34 petition, or that the petition has been dismissed and no stay is in force. - File the execution petition
Under Section 36 the award is enforced as a decree under Order XXI of the CPC. File in the court having jurisdiction over the seat or where the judgment debtor's assets are located; the Delhi High Court hears execution of awards above its pecuniary limit. - Identify assets
File an application for the judgment debtor to disclose assets on affidavit under Order XXI Rule 41, and seek garnishee orders against bank accounts and receivables. - Attach and sell
Attach movable and immovable property and, if the debt is not satisfied, have it sold through the court. Directors' personal assets are not available unless the award is against them. - Foreign awards
File a petition under Section 47 with the original or certified award and arbitration agreement, with translations if needed. The court examines only the Section 48 grounds; once satisfied, the award is deemed a decree under Section 49 and executed in the same way.
Objections to foreign awards
Section 48 grounds mirror Article V of the New York Convention: incapacity, invalid agreement, lack of notice, award beyond scope, improper composition, award not yet binding or set aside at the seat, non-arbitrability, and conflict with public policy. The Supreme Court in Vijay Karia v. Prysmian (2020) confirmed that the enforcing court does not review the merits and that the public policy ground is narrow.
Reciprocating territories
Only awards made in countries notified by the Central Government as reciprocating territories are enforceable under Part II. The list includes the UK, Singapore, the UAE, the USA, France, Germany, Hong Kong and China among others.
Timelines
Execution of a domestic award in the Delhi High Court typically takes six months to two years depending on the judgment debtor's conduct and asset position. Foreign award enforcement often takes longer because of contested Section 48 objections.
Frequently asked questions
What is the limitation for enforcing an arbitral award?
Twelve years from the date the award becomes enforceable, as for a decree, following the Supreme Court's ruling in Government of India v. Vedanta (2020) for foreign awards and the general rule for domestic awards.
Can I enforce an award against a government entity?
Yes, but the procedure includes a notice under Section 80 CPC where applicable, and attachment of certain public assets is restricted.
Related practice area: Commercial Litigation & Arbitration
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.