How to Enforce an Arbitral Award in India

An arbitral award that cannot be enforced is a document, not a remedy. The Arbitration and Conciliation Act, 1996 makes the enforcement of an arbitral award comparatively straightforward — an award is enforced in the same manner as a decree of a court, without any separate step to convert it into one.

The 2015 amendment made a significant difference here, particularly by removing the automatic stay that previously followed the filing of a Section 34 application. Material written before the amendment can therefore be misleading on this central point.

Section 36: Enforcement of Arbitral Award

Section 36(1) provides that where the time for making an application to set aside the arbitral award under Section 34 has expired, then, subject to the provisions of sub-section (2), the award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908, in the same manner as if it were a decree of the court.

Two things follow.

No separate decree is required. There is no application to have the award “made a rule of court” — a step that belonged to the earlier statutory regime. The award is enforced directly.

Execution follows Order XXI of the Code of Civil Procedure, 1908, with the modes available under Section 51 — attachment and sale of property, delivery of property specifically awarded, appointment of a receiver, and, in the circumstances the proviso to Section 51 prescribes, arrest and detention.

The Change of 2015: No Automatic Stay

This is the point on which older material is wrong.

Under the unamended Section 36, the mere filing of an application under Section 34 operated as an automatic stay on enforcement. An award holder could do nothing until the challenge was decided, which in practice meant years.

Section 36 as substituted by the Arbitration and Conciliation (Amendment) Act, 2015 removed that. Under Section 36(2), where an application to set aside has been filed, the filing of that application shall not by itself render the award unenforceable, unless the court grants an order of stay of the operation of the award on a separate application made for that purpose.

Section 36(3) provides that upon such an application, the court may, subject to such conditions as it may deem fit, grant a stay of the operation of the award for reasons to be recorded in writing — and its proviso requires the court, in considering an application for stay in the case of an award for payment of money, to have due regard to the provisions for grant of stay of a money decree under the Code of Civil Procedure, 1908.

The transitional question was settled in Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd., (2018) 6 SCC 287, decided on 15 March 2018, where the Supreme Court held that the substituted Section 36 is procedural and applies to pending Section 34 applications even in arbitrations commenced before 23 October 2015, so that the rule of automatic stay is no longer applicable.

The practical consequence for an award holder is direct: a challenge to the award does not, by itself, stop enforcement. Execution may be commenced.

Where to Enforce an Arbitral Award?

Because an arbitral award is enforced in the same manner as a decree, execution proceedings are filed before a court competent to enforce the award under the Code of Civil Procedure, 1908.

The Supreme Court has held that an award holder may initiate arbitral award execution where the judgment-debtor’s assets are located, without first obtaining a transfer of the decree from the court that would otherwise have jurisdiction. Since an arbitral award is not a decree of any particular court, this removes a procedural step that could otherwise delay enforcement where the debtor’s assets are located in another State.

Where the dispute qualifies as a commercial dispute of specified value, the Commercial Courts Act, 2015 may also determine the appropriate forum for enforcement proceedings.

Steps for Arbitral Award Execution

Enforcement of an arbitral award follows a structured process under Section 36 and the CPC. The key steps are to confirm the status of any Section 34 challenge, prepare the required documents, file the execution petition, identify assets, and proceed with recovery.

Step 1 — Confirm the position on challenge. Has the Section 34 period expired? If an application has been filed, has a stay been granted under Section 36(3)? If not, enforcement may proceed.

Step 2 — Assemble the papers. The original or a certified copy of the award; the arbitration agreement; proof of delivery of the signed award under Section 31(5); the computation of the sum due, including interest awarded under Section 31(7); and details of any part payment.

Step 3 — File the execution petition under Section 36 read with Order XXI Rule 11, specifying the mode of execution sought.

Step 4 — Identify assets. Where they are unknown, Order XXI Rule 41 permits oral examination of the judgment-debtor as to his property and means, and an affidavit of assets in the manner the rule provides.

Step 5 — Attachment and realisation, or such other mode as the award requires.

Interest and Costs

Section 31(7) governs interest. Unless otherwise agreed by the parties, the tribunal may include interest in the sum for which the award is made, for the whole or any part of the period between the date on which the cause of action arose and the date on which the award is made. Sub-section (7)(b) governs interest from the date of the award to the date of payment, at the rate the section prescribes unless the award otherwise directs.

Section 31A, inserted in 2015, deals with the regime of costs.

The computation in the execution petition should follow the award’s own terms on interest rather than a general assumption.

Objections to Arbitral Award Enforcement

A judgment-debtor’s options to resist the enforcement of an arbitral award are limited, and the statutory scheme reflects the finality given to arbitral awards.

The proper course is to file an application under Section 34 within the prescribed period, along with a separate application for stay under Section 36(2) and (3). The court may grant a stay subject to appropriate conditions, including deposit or security in cases involving payment of money.

A re-argument on the merits is not available in execution proceedings. The executing court cannot go behind the award, just as it cannot go behind a decree. Objections in execution are therefore confined to matters properly arising at the execution stage, such as satisfaction, discharge, identity of the judgment-debtor, and related issues.

Foreign Awards

Enforcement of a foreign award proceeds under Part II of the Act — Sections 44 to 52 for awards under the New York Convention, and Sections 53 to 60 for awards under the Geneva Convention. The scheme is different: the court first determines enforceability on the grounds in Section 48 (for New York Convention awards), and where it is satisfied the award is enforceable, the award is deemed to be a decree of that court.

Part I grounds under Section 34 do not apply to the enforcement of a foreign award; the grounds for refusal are those in Section 48.

Practical Guidance

Do not wait for the challenge to be decided. Since 2015, the award holder is entitled to enforce unless a stay has been granted, and delay allows assets to move.

Where a stay application is filed by the debtor, press for conditions. Section 36(3) expressly permits the court to impose them, and the proviso directs regard to the principles governing stay of a money decree.

Identify assets early, and use Order XXI Rule 41 where they are not known.

Compute interest from the award itself, and annex the computation.

For the award debtor, the lesson is the mirror image: filing a Section 34 application is not enough. A separate, prompt stay application is essential, and it should anticipate the conditions the court is likely to impose.

Legal Information Disclaimer

This article is published for general legal information and educational purposes only. It reflects the position of Indian law as researched up to 10 August 2026 and may not account for subsequent amendments, notifications or judicial developments. The application of the 2015, 2019 and 2021 amendments depends on when the arbitral proceedings and the related court proceedings commenced, and should be checked for a particular case. It is not legal advice, does not take into account any individual’s particular facts or circumstances, and no advocate-client relationship arises from reading it. Readers dealing with an actual matter should obtain independent professional advice from a qualified advocate of their own choosing before acting on any information contained here. Statutory provisions, notified figures, rules and case citations referred to in this article have been compiled from published legal materials and may contain errors or omissions, and may have changed since the date stated; no representation or warranty, express or implied, is given as to their accuracy, completeness or currency, and each should be independently verified against the official text or the official record before being relied upon. No liability is accepted for any loss arising from reliance on this article.

Sources / Authorities

• Arbitration and Conciliation Act, 1996 — Sections 31(5), 31(7), 31A, 34, 36 (including sub-sections (1), (2) and (3)), 44 to 52 and 53 to 60 — India Code, https://www.indiacode.nic.in
• Arbitration and Conciliation (Amendment) Act, 2015 — substitution of Section 36
• Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd., (2018) 6 SCC 287, decided 15 March 2018 — https://indiankanoon.org/doc/64244161/
• Code of Civil Procedure, 1908 — Section 51 and Order XXI, including Rules 11 and 41
• Commercial Courts Act, 2015