Finality of arbitral awards
Section 35 of the Arbitration and Conciliation Act, 1996 deals with finality of arbitral awards. Subject to this Part an arbitral award shall be final and binding on the parties and persons claiming under them respectively. The Act came into force on 22 Aug 1996.
Subject to this Part an arbitral award shall be final and binding on the parties and persons claiming under them respectively.
Section 35, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ravi Prakash Goel vs Chanra Prakash Goel
Court's Decision & Legal Precedent
Where an arbitration agreement is contained in a partnership deed and a dispute touching the affairs of the partnership firm has arisen during the lifetime of a partner, the legal representative of that deceased partner is entitled to invoke and enforce the arbitration clause, notwithstanding the death of the original partner. This right flows from Section 40 of the Arbitration and Conciliation Act, 1996, which mandates that arbitration agreements do not discharge upon death and remain enforceable by legal representatives, read harmoniously with Sections 46, 47, and 48 of the Indian Partnership Act, which preserve and enforce the rights of representatives to claim accounts and have the firm wound up. The arbitration clause survives the dissolution of the partnership and the death of a partner, and it is not necessary for the partnership deed to explicitly include heirs and legal representatives for this succession to apply, as such rights are governed by statute.
On this section: Binding effect of arbitral award on parties and persons claiming under them; the Court noted that legal representatives are 'persons claiming under' the deceased and are bound by awards
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Rashi Gangwani vs Shailesh Gangwani
Court's Decision & Legal Precedent
An arbitration award made by an arbitrator based on a settlement arrived at between the parties during arbitration proceedings is final and binding on those parties under Section 35 of the Arbitration and Conciliation Act, 1996, and the Supreme Court will not exercise appellate jurisdiction to interfere with such awards.
On this section: The court applied Section 35 to establish that an award made by an arbitrator, when based on a settlement between parties, is final and binding on the parties. This section was used to justify the dismissal of the appeals and consignment of the cases to record, emphasizing that no further judicial intervention was necessary.
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Arun Dev Upadhyaya vs Integrated Sales Service Ltd. & ANR.
Court's Decision & Legal Precedent
A non-signatory to an arbitration agreement can be bound by a foreign arbitral award if the non-signatory is a 'person' bound by the award through doctrines like alter ego or succession, but not merely by virtue of being a non-signatory. Section 48(1)(a) applies only to parties to the agreement and cannot be expansively interpreted to include non-signatories. The grounds for refusing enforcement of foreign awards under Section 48 must be narrowly construed in consonance with the pro-enforcement bias of the New York Convention. The burden of proof under Section 48 means establishing the ground on the basis of the record of the arbitral tribunal, not requiring fresh oral evidence. An arbitrator's application of foreign law (here, Delaware law on alter ego doctrine) to bind non-signatories is reviewable by the enforcement court only to the extent of verifying whether the foreign law was properly applied, not on the merits of the award.
On this section: Domestic award binding on parties and persons claiming under them; more restrictive than Section 46 which applies to persons without such restriction
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 35
What have the courts held on Section 35 of the Arbitration and Conciliation Act?
Ravi Prakash Goel vs Chanra Prakash Goel (21 Mar 2007) is the leading judgment on this section among those set out below: Binding effect of arbitral award on parties and persons claiming under them; the Court noted that legal representatives are 'persons claiming under' the deceased and are bound by awards. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2001 to 2021.
How do I find court cases under Section 35 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 35, section 35 Arbitration Act, section 35 of the Arbitration and Conciliation Act. People searching for it also type arbitration act s 35. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Ravi Prakash Goel vs Chanra Prakash Goel (21 Mar 2007).
When did Section 35 of the Arbitration and Conciliation Act come into force?
Section 35 of the Arbitration and Conciliation Act, cited as Arbitration Act 35, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.