Enforcement of Arbitral Awards and Decrees in India
Domestic and Foreign
Feburary 21, 2024
 

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.

 

Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Publication provides general information existing at the time of preparation. The Publication is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Publication. It is recommended that professional advice be taken based on the specific facts and circumstances. This Publication does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.

Enforcement of Arbitral Awards and Decrees in India

Domestic and Foreign

Feburary 21, 2024

 

 

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.

 

Chambers and Partners Asia Pacific 2024: Top Tier for Tax, TMT, Employment, Life Sciences, Dispute Resolution, FinTech Legal

Legal 500 Asia Pacific 2024: Top Tier for Tax, TMT, Labour & Employment, Life Sciences & Healthcare, Dispute Resolution

Benchmark Litigation Asia Pacific 2023: Top Tier for Tax, Labour & Employment, International Arbitration

AsiaLaw Asia-Pacific 2023: Top Tier for Tax, TMT, Investment Funds, Private Equity, Labour and Employment, Dispute Resolution, Regulatory, Pharma

IFLR1000 2024: Top Tier for M&A and Private Equity

FT Innovative Lawyers Asia Pacific 2019 Awards: NDA ranked 2nd in the Most Innovative Law Firm category (Asia-Pacific Headquartered)

RSG-Financial Times: India’s Most Innovative Law Firm 2019, 2017, 2016, 2015, 2014

Disclaimer

The contents of this Publication should not be construed as legal opinion. View detailed disclaimer.

This Publication provides general information existing at the time of preparation. The Publication is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Publication. It is recommended that professional advice be taken based on the specific facts and circumstances. This Publication does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.
 
 

 

NDA Introduction
   
 

 

Want to work with us?

We aspire to build the next generation of socially-conscious lawyers who strive to make the world a better place.

At NDA, there is always room for the right people! A platform for self-driven intrapreneurs solving complex problems through research, academics, thought leadership and innovation, we are a community of non-hierarchical, non-siloed professionals doing extraordinary work for the world’s best clients.

We welcome the industry’s best talent - inspired, competent, proactive and research minded- with credentials in Corporate Law (in particular M&A/PE Fund Formation), International Tax , TMT and cross-border dispute resolution.

Write to happiness@nishithdesai.com

To learn more about us Click here.
 
 

Mobile App

 

Click here for

Apple IOS

Android