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Grounds for refusing enforcement of arbitral awards

Mr. Khan opened the session by going over the process of enforcing arbitral awards, as well as sections 36 and 49 of the 1996 Arbitration and Conciliation Act. Then he went into detail concerning the court’s power to enforce execution under Section 51 of the Civil Procedure Code 1908, citing Subrata Roy Sahara v Union of India & Ors and other examples. Mr. Khan went on to talk about Sections 55 to 59 of the Code, which deal with the arrest and detention of judgement debtors. Then he moved on to Section 60-64 of the Code, which dealt with property attachment and stated that religiously significant things could not be attached. The speaker went on to discuss which court may carry out the decree, citing Rule 10 and Rule 11 (2) of Order XXI. Mr. Khan then went into great depth about Rules of Order XXI, which deal with mode of execution and attachment of property. He then described the concept of Precepts. The speaker next went over Order XXI Rule 67, which deals with the mode of proclamation. Mr. Khan then presented the participants with an execution petition for the better understanding and explained each clause one by one.


Moazzam Khan

Head-Global Litigation, Nishith Desai Associates