Enforcement of Arbitral Awards explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
An award is worth what can be recovered under it. For an award made under Part I of the Arbitration and Conciliation Act, 1996 the enforcement rule is section 36. For a foreign award it is Part II: sections 46 to 49 for New York Convention awards and sections 55 to 58 for Geneva Convention awards. This article sets out section 36 as printed and the Part II provisions in outline, as per the India Code consolidated text consulted; later amendments should be checked. If you need to enforce an award or resist enforcement, our legal dispute resolution team can plan the steps.
Once the time for a section 34 application has expired, a domestic award is enforced in accordance with the Code of Civil Procedure, 1908 in the same manner as if it were a decree of the court (section 36(1)). Filing a section 34 application does not by itself stop enforcement; a stay needs a separate application and a reasoned order (section 36(2), (3)). A foreign award is deemed a decree once the Court is satisfied that it is enforceable under the relevant Chapter of Part II (sections 49 and 58).
Section 36(1): the award as a decree
Where the time for making an application to set aside the arbitral award under section 34 has expired, then, subject to 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.
The time in question is the three months in section 34(3), with the further thirty days the Court may allow on sufficient cause. Section 35 makes the award final and binding on the parties and persons claiming under them, subject to Part I. For execution itself, see our guide to the execution petition under the Code of Civil Procedure.
Section 36(2): filing a challenge is not a stay
Where an application to set aside the award has been filed in the Court under section 34, the filing shall not by itself render the award unenforceable, unless the Court grants an order of stay of the operation of the award in accordance with sub-section (3), on a separate application made for that purpose.
So an award-debtor who wants enforcement held back needs two things: the section 34 application and a separate stay application. The grounds of challenge are in our explainer on section 34.
Section 36(3): the stay order and its two provisos
Upon the filing of the stay application, the Court may, subject to such conditions as it may deem fit, grant stay of the operation of the award for reasons to be recorded in writing.
| Part of sub-section (3) | What it says | Footnote |
|---|---|---|
| Main part | Stay may be granted subject to such conditions as the Court may deem fit, for reasons to be recorded in writing | Section 36 substituted by Act 3 of 2016, s. 19 (w.e.f. 23-10-2015) |
| First proviso | For an award for payment of money, the Court shall have due regard to the provisions for grant of stay of a money decree under the Code of Civil Procedure, 1908 | Same |
| Second proviso | Where the Court is satisfied that a prima facie case is made out that the arbitration agreement or contract which is the basis of the award, or the making of the award, was induced or effected by fraud or corruption, it shall stay the award unconditionally pending disposal of the challenge under section 34 | Ins. by Act 3 of 2021, s. 2 (w.e.f. 23-10-2015) |
| Explanation | The second proviso applies to all court cases arising out of or in relation to arbitral proceedings, irrespective of whether the arbitral or court proceedings were commenced prior to or after the commencement of the Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) | Same as the second proviso |
Printing points: the bracket that opens before section 36 closes after the first proviso; the second proviso prints "Prima facie" with a capital and "induced or effected"; sub-section (1) prints "decree of the court" with a small "c". The section is explained in full in section 36: enforcement of the arbitral award and stay.
Other provisions that touch a domestic award
- Interim protection after the award. Section 9(1) lets a party apply to a court at any time after the making of the award but before it is enforced in accordance with section 36.
- Interest. Under section 31(7)(b) the awarded sum carries interest at two per cent. higher than the current rate of interest prevalent on the date of award, from the date of award to the date of payment, unless the award otherwise directs.
- Settlements. An award on agreed terms under section 30, and a conciliation settlement agreement under section 74, have the same status and effect as an arbitral award.
- Appeal. An order setting aside or refusing to set aside an award is appealable under section 37(1)(c).
Cross-border awards: New York Convention (sections 46 to 49)
Whether an award is a "foreign award" under Chapter I of Part II is decided by section 44; see section 44. The enforcement provisions then run as follows.
Section 46. A foreign award which would be enforceable under the Chapter is binding for all purposes on the persons between whom it was made and may be relied on by way of defence, set off or otherwise in any legal proceedings in India.
Section 47. The party applying for enforcement shall, at the time of the application, produce the original award or a copy duly authenticated in the manner required by the law of the country in which it was made; the original agreement for arbitration or a duly certified copy; and such evidence as may be necessary to prove that the award is a foreign award. A document in a foreign language needs a translation into English, certified as the sub-section describes. The Explanation defines "Court" as a High Court. See sections 46 and 47.
Section 48. Enforcement may be refused, at the request of the party against whom the award is invoked, only if that party furnishes proof of one of the grounds in sub-section (1)(a) to (e): incapacity or invalid agreement; no proper notice or inability to present the case; an award beyond the submission; a tribunal or procedure not in accordance with the agreement or the law of the country where the arbitration took place; or an award not yet binding, or set aside or suspended by a competent authority of the country in which, or under the law of which, it was made. Enforcement may also be refused if the Court finds that the subject-matter is not capable of settlement by arbitration under the law of India or that enforcement would be contrary to the public policy of India, as limited by Explanations 1 and 2. See section 48.
Section 49. Where the Court is satisfied that the foreign award is enforceable under the Chapter, the award shall be deemed to be a decree of that Court. See sections 49 to 52.
Cross-border awards: Geneva Convention (sections 55 to 58)
Chapter II follows the same order. Section 55 repeats the rule on binding effect. Section 56 lists the evidence: the original award or an authenticated copy, evidence proving that the award has become final, and evidence that the conditions in clauses (a) and (c) of section 57(1) are satisfied. Section 57 sets the conditions for enforceability and the grounds on which enforcement shall be refused; where the award has not covered all the differences submitted, the Court may postpone enforcement or grant it subject to such security as it may decide (the Act's own word there is paraphrased). Section 58 deems the enforceable award a decree of the Court. See sections 55 and 56 and section 57.
The three routes compared
| Point | Domestic award (Part I) | New York Convention award | Geneva Convention award |
|---|---|---|---|
| Provision that makes it a decree | Section 36(1) | Section 49 | Section 58 |
| When | After the time for a section 34 application has expired, subject to any stay | When the Court is satisfied the award is enforceable | When the Court is satisfied the award is enforceable |
| Documents printed in the Act | No list is printed in section 36 | Section 47 | Section 56 |
| Grounds to resist | Section 34, by a setting-aside application | Section 48 | Section 57 |
| Court | Section 2(1)(e) | Explanation to section 47 | Explanation to section 56 |
| Appeal provision | Section 37 | Section 50 | Section 59 |
What the text does not print
The text consulted prints no notification of the territories to which either Convention has been declared to apply, no rules of any High Court on execution or enforcement applications, and no fee. Nor does it print a limitation period for an enforcement application. Section 43 applies the Limitation Act, 1963 to arbitrations as it applies to proceedings in court, and the periods under that Act should be checked separately; see section 43.
An example
Luni Minerals holds a money award against Pamba Cements made in an arbitration seated in India. Pamba files a section 34 application within three months but no stay application. Under section 36(2) the filing alone does not make the award unenforceable. If Pamba then applies for a stay, the Court, under the first proviso to section 36(3), has due regard to the provisions on stay of a money decree in the Code of Civil Procedure, 1908, and any stay is on such conditions as it deems fit.
Need help enforcing or resisting an award?
Enforcement is a matter of timing, documents and the right Court. Our legal dispute resolution service checks whether the section 34 period has run, prepares the stay or enforcement papers, and for a foreign award assembles the documents that section 47 or 56 requires.
Key takeaways
- A domestic award is enforced as a decree once the section 34 period has expired (section 36(1)).
- A section 34 application is not a stay; a separate application is needed (section 36(2)).
- For a money award the Court looks to the Code's provisions on stay of a money decree (first proviso to section 36(3)).
- A prima facie case of fraud or corruption requires an unconditional stay (second proviso).
- Foreign awards become decrees under sections 49 and 58 after the Court is satisfied under sections 48 and 57.
Read next
- Enforcing a foreign arbitral award in India
- Part II: New York and Geneva Convention awards in outline
- Sections 58 to 60: enforcement, appeals and saving for Geneva Convention awards
- The arbitral award: making and enforcement
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.