Public Policy As A Ground For Setting Aside Of Domestic Arbitral Awards

Abstract

Enforcement is normally a judicial process which either follows or is simultaneous to recognition and gives effect to the mandate of the award. The purpose of enforcement is to act as a sword in that the successful party requests the assistance of the court to enforce the award by exercising its power and applying legal sanction should the other party fail or refuse to comply voluntarily[1].Enforcement means the using the legal measures to push the party who is made liable in the arbitral proceedings, to carry out the award.Yet the definition of enforcement is not given in the Act but the manner in which it should be enforced is given in section 36[2].

[1] Julian D M Lew Loukas A MistelisTefanM Kroll. Comparative International Commercial Arbitration. Kluwer Law Publication First Indian Reprint 2007, New Delhi.

[2] Section 36 of Arbitration and Conciliation Act, 1996 as amended in 2015. Before the amendment section 36 stood as ‘Enforcement.- Where the time for making an application to set aside the arbitral award under award shall be endorsed under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the Court’.