New Publication: Enforcement of Arbitral Awards and Decrees in India

The growth of international commerce has necessitated the creation of efficient methods of resolution of disputes. In certain cases, securing an award or a final judgment from the courts may only be a battle half won; this is especially true in the Indian context.

We have come across situations where the opposite parties decide to not participate in the arbitral process or abandon it mid-way. They may however choose to resist enforcement of the award or decree. The enforcement of awards/judgments where the party is in absentia is sometimes more complicated than one where the opposite party has participated in the proceedings. Meanwhile, there may also be cases where the award or decree sought to be executed doesn’t meet the legal requirements whose execution may be resisted on grounds available under law. Therefore, the stage of enforcement of an award or decree warrants a high degree of caution.

We have given an overview of the law and a practical insight into enforcement of awards and decrees in India in our latest paper.

Please click here to access our paper.

Regards,

Shweta Sahu and Vyapak Desai

For any help or assistance, please email us on concierge@nishithdesai.com.

Do visit us at www.nishithdesai.com.