Cheatsheet
Arbitration & Award Enforcement (Arbitration Act 1996)
Corporate & Commercial
Corporate & Commercial
Arbitration & Award Enforcement (Arbitration Act 1996)From The Arbitration and Conciliation Act, 1996
A 1-page visual roadmap of domestic arbitration in India: invoking arbitration agreements, interim protection under s. 9/17, award issuance, challenge under s. 34, and execution.
6 steps · 3 deadlines
Step by step
- 1
Invocation of Agreement
Party serves notice invoking arbitration under the dispute resolution clause. The proceedings commence on the date request is received by the respondent.
- 2
Interim Relief
Party may seek preservation of assets or security for amounts in dispute before the Court (s. 9) or before the Arbitral Tribunal once constituted (s. 17).
- 3
Tribunal Constitution
If parties fail to agree on arbitrator appointment within 30 days, High Court (domestic) or Supreme Court (international) appoints the arbitrator.
- 4
Pleadings & Award
Statement of claim and defence are filed within 6 months. Tribunal must deliver reasoned award within 12 months.
- 5
Section 34 Challenge
Award can only be challenged on narrow grounds (patent illegality, violation of fundamental public policy, lack of notice). Strict 3 months + 30 days limit.
- 6
Execution as Decree
Once challenge period expires or is dismissed, award is enforced under CPC Order XXI in the same manner as a civil court decree.
Deadlines
Completion of Award
12 months from completion of pleadings (+ 6 months with party consent under s. 29A)
Section 34 Challenge Limitation
Strict 3 months from receipt of award (+ 30 days condonable for sufficient cause; no further extension)
Section 9 Interim Measure condition
Arbitration must commence within 90 days of court order
Sections at a glance
| Subject | Provision |
|---|---|
| Arbitration Agreement | Arbitration Act Section 7 → |
| Power to Refer Parties to Arbitration | Arbitration Act Section 8 → |
| Interim Measures by Court | Arbitration Act Section 9 → |
| Appointment of Arbitrators | Arbitration Act Section 11 → |
| Interim Measures by Arbitral Tribunal | Arbitration Act Section 17 → |
| Time limit for Arbitral Award (12 mos) | Arbitration Act Section 29A → |
| Application for Setting Aside Award | Arbitration Act Section 34 → |
| Enforcement as Decree | Arbitration Act Section 36 → |