Introduction
Chapter 8 of Part 2 of the Arbitration and Conciliation Act 1996 deals with enforcement of arbitral award. Section 36 deals with the enforcement of arbitral award.
Meaning of enforcement of award
Enforcement of award means enforcement of the findings of arbitral tribunal on the matters. In other words enforcement of award means execution of the terms and conditions of the award.
Procedure of enforcement of award
As per section 36 of the Arbitration and Conciliation Act, 1996 award shall be enforced same as a decree of Civil Court and it will be enforced under the code of civil procedure 1908.
Before 1996, for the enforcement of award it was necessary that it had to be filed in the court there it would be converted into a judgement in terms of award. This was known as the making the award a rule of court. It would then be converted into a decree for its enforcement.
But under the Act of 1996 this is not required because an award is a decree in itself and is directly enforceable.
According to Section 36 of the arbitration and conciliation act 1996 an award is enforceable as a decree of court and shall be enforced as Civil Procedure Code 1908 if the following conditions are fulfilled –
- The time for making an application to set aside the arbitral award under section 34 has expired.
- Or application made for setting aside the award has been refused
Registration of award
The award to be enforceable must be registered under the registration act 1908. If the award is not registered it will not be admissible in evidence if the award comes under the compulsory registrable category.
Enforcement of award in part
If the part of the award sought to be enforced, is severable from the rest of the award without affecting the award. The court has power to pronounce judgement on that portion of the award which is severable.
