ARBITRAL AWARDS

A research proportion submitted in partial fulfillment of the course Alternative

Dispute Resolution (ADR) for obtaining the degree B.B.A., LL.B. (Hons.) during
the academic session: 2020- 21

Submitted by:

Pragya, B.B.A., LL.B. (Hons.)

Roll: 2029

Semester: 6th

Submitted to:

Mr. Hrishikesh Manu

Faculty of Law

February, 2021

Chanakya National Law University, Nyaya Nagar,

Mithapur, Patna-800001, Bihar
 INTRODUCTION
Arbitration is a legal process, which takes place outside the courts, but still results in a final and
legally binding decision similar to a court judgment. Arbitration is a flexible method of dispute
resolution, which can give a quick, inexpensive, confidential, fair and final solution to a dispute.
It involves the determination of the dispute by one or more independent third parties rather than
by a court. The third parties, called arbitrators, are appointed by or on behalf of the parties in
dispute. The arbitration is conducted in accordance with the terms of the parties' arbitration
agreement, which is usually found in the provisions of a commercial contract between the
parties.

Continuous growth of international commerce has resulted in players from various markets to
seek other methods of dispute resolution in order to abstain from litigation since its enforcement
in foreign parties is often complex and vexatious, which has resulted in creation of efficient
methods of dispute resolution like mediation, arbitration, their hybrid clauses as they are both
efficient and effective, but with such methods what arises is the question of recognition and
enforcement of such awards especially when done abroad, arbitral awards which determine the
rights and obligations of the parties need more clarity. This research paper aims at bringing out
the ways how domestic and foreign arbitral awards are made enforceable in India and the reasons
why the enforcement of Foreign Arbitration Awards still turns out to be a major challenge in
India.

OBJECTIVES
The researcher has the following objectives:

1. Discuss the advantages of the Arbitration proceeding.

2. Discuss the types of Arbitral Award.
3. Discuss the difficulties faced in the enforcement of the Arbitral Award.

HYPOTHESIS

These are the following hypotheses:

1. That a domestic award is a result of domestic arbitration, hence it confines itself to the
territory of India, the parties should have a nexus or birth to Indian origin, basically
territory comes into play in order to asses a domestic arbitration.
2. An Arbitral Award under the 1996 Act cannot be enforced as a Decree till the period of
challenge under Sec.34 (3) is over or the objections filed have been dismissed.
 RESEARCH METHODOLOGY
The research work is totally based on doctrinal method. It includes only secondary sources of
data.

LIMITATIONS

Area of limitations – Every study has its own limitation due to the limited time, lack of sufficient
financial sources and limited area of survey/study of the subject matter.

TENTATIVE CHAPTERISATION

1. Introduction: Arbitration
 Advantages of Arbitration.
2. Arbitral Awards
 Domestic Arbitral Award
 Foreign Arbitral Award
3. Enforcement of Arbitral Award.
4. Limitation Period for the enforcement of the Arbitral Award.
5. Challenges faced in executing Arbitral Awards.
6. Conclusion and Suggestions.

BIBLIOGRAPHY

1. https://content.next.westlaw.com/1-619-3233?__lrTS=20200828160703918.
2. https://www.mondaq.com/india/arbitration-dispute-resolution/929490/enforcement-of-
domestic-arbitral-awards--the-jurisdiction-conundrum/.
3. https://www.lexisnexis.co.uk/legal/guidance/enforcing-arbitral-awards-in-india.
4. https://www.natlawreview.com/article/limitation-period-enforcement-foreign-awards-
india.