Finality of arbitral awards
Section 35 of the Arbitration & 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.
Subject to this Part an arbitral award shall be final and binding on the parties and persons claiming under them respectively. 2[36. Enforcement .- (1) Where the time for making an application to set aside the arbitral award under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a decree of the court.
(2) Where an application to set aside the arbitral award has been filed in the Court under section 34, the filing of such an application shall not by itself render that award unenforceable, unless the Court grants an order of stay of the operation of the said arbitral award in accordance with the provisions of sub-section (3), on a separate application made for that purpose.
(3) Upon filing of an application under sub-section (2) for stay of the operation of the arbitral award, the Court may, subject to such conditions as it may deem fit, grant stay of the operation of such award for reasons to be recorded in writing:
Provided that the Court shall, while considering the application for grant of stay in the case of an arbitral award for payment of money, have due regard to the provisions for grant of stay of a money decree under the provisions of the Code of Civil Procedure, 1908 (5 of 1908).] CHAPTER IX Appeals
Section 35, The Arbitration & Conciliation Act 1996 (Act 26 of 1996).
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Questions about Section 35
What does Section 35 of the Arbitration & Conciliation Act 1996 deal with?
Section 35 of the Arbitration & Conciliation Act 1996 is headed "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.
How do I find court cases under Section 35 of the Arbitration & Conciliation Act 1996?
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 & Conciliation Act 1996 35, section 35 Arbitration & Conciliation Act 1996, section 35 of the Arbitration & Conciliation Act 1996. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 35 of the Arbitration & Conciliation Act 1996, and has it changed?
Its own text turns on section 34 (Application for setting aside arbitral award), so none of them can safely be read on its own.
When was the Arbitration & Conciliation Act 1996 enacted?
Arbitration & Conciliation Act 1996 was enacted in 1996 as Act 26 of 1996. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 86. Repeal and saving13407 words
- 11. Appointment of arbitrators1361 words
- 31. Form and contents of arbitral award844 words
- 34. Application for setting aside arbitral award750 words
- 2. Definitions669 words
- 16. Competence of arbitral tribunal to rule on its jurisdiction589 words
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