As per a recent judgment of the Supreme Court, delivered on 15 February 2018, in the case of Sundaram Finance Ltd. v. Abdul Samad, (2018) 3 SCC 622, it has been held that the enforcement of an arbitration award, through its execution, can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the court, which would have jurisdiction over the arbitral proceedings.
The Supreme Court held that some High Courts are of the incorrect view that transfer of decree should first be obtained before filing the execution petition before the court where the assets are located. It was further held that other High Courts are of the correct view that an arbitration award is to be enforced in accordance with the provisions of the CPC in the same manner as if it were a decree of the court as per Section 36 of the Arbitration and Conciliation Act, 1996, which does not imply that the award is a decree of a particular court, and it is only a fiction. Thus, it was held that the award can be filed for execution before the court where the assets of the judgment-debtor are located.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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