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FINALITY AND
ENFORCEMENT OF AWARD
UNDER SECTION 35 AND
36.
Name-Smit Shah
Subject-Arbitration and
Conciliation law.
Roll number-95
Sub-topic-Finality and
enforcement of award
under section 35 and
36.
YEAR-5TH YEAR.
UNIVERSITY-M.S.U
FINALITY OF ARBITRAL
AWARD.(SECTION 35 )
Subject to this part an arbitral award shall be final and binding on
parties and person claiming under them respectively. After a signed
copy of award is delivered to the parties under section 31(5) the
award can not considered as final and binding unless the time limit
prescribed therein for correction ,interpretation , or additional
award and setting it aside, as case may be has expired.
As award may be said to become final when it is no longer open to
objection or opposition by way of an application for setting aside or
appeal.it can then be used by way of defence and offence. Binding
implies that it can be relied on by any of the parties by way of
defence, set off or otherwise in any legal proceeding. So long as it is
binding but has not yet become final it can be use by way of defence.
FINALITY OF ARBITRAL
AWARD.(SECTION 35 )
The expression final award may also be interpreted as an award
which is complete in all respects leaving nothing more to be done by
the arbitral tribunal to give the award a legal character and to make it
legally binding on the parties. The effect of an award which has
acquired legal finality is that a second reference on the subject-
matter of the award becomes incompetent as the matters become
subject to res judicata a suit between the parties on the same cause
of action barred. Under the old act the decree passed in terms of the
award was not subject to the normal rules of appeal.
The arbitral award is binding on the parties and the persons
claiming under them respectively. Parties means parties to the
arbitration agreement.
SECTION 36-ENFORCEMENT.(GENERAL
INTRODUCTION)
The first stage in arbitration commence with arbitration agreement ,it end
with making of the award. Thereafter the second stage related to the
enforcement of the award. Section 36 deal with enforcement of award. An
arbitral award is now effective on its own force the right created by it is
enforceable without any further step. As per section 36 award is enforceable
accordance with the provision of civil procedure code just like it were a
decree of court.
-However under the old act 1940 which required the parties to request the
arbitrators to file the award in court. And after lapse of the time for making
an application for setting aside or upon refusal of such an application the
court would pronounce a judgement according to the award thereby making
it a rule of the court on which decree in terms of the award would follow.
Only then would the award acquire a legal character and be legally
enforceable. At that time requirement as to filling an award in court
,pronouncement of judgement for making the award a rule of the court and
passing a decree in terms of the award have now been done away with. Now
SECTION 36-ENFORCEMENT.
(1)where the time for making an application for set aside an arbitral
award under section 34 has been expired or where any such
application has been made on same being refused then subject to
the provision of sub-section(2) such award shall be enforced in
accordance with the provision of the code of civil procedure 1908 in
same manner as if it were decree of the court.
Where an application for set aside the arbitral award has been filed in
the court under section 34 then only by filling a application award is
not unenforceable unless the court grant a stay order on said
arbitral award, in accordance with the provision of sub-section(3) on
a separate application made for the that purpose.
Upon filling of an application under sub-section(2)for stay on the
arbitral award the court may subject to such conditions as it may
deem fit grant stay of the operation of such award for reason to be
recorded in writing.
SECTION 36-ENFORCEMENT.(GENERAL
INTRODUCTION)
-Supreme court said in M.Banerjee & sons v/s M.N.Bhagavati case
that section 36 lays down that arbitral award is to be enforced under
the C.P.C in the same manner as if it were decree of the court. Award
itself is to be treated as a decree of the court.
Finality and enforcement of arbitral awards under Sections 35 and 36

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Finality and enforcement of arbitral awards under Sections 35 and 36

  • 1. FINALITY AND ENFORCEMENT OF AWARD UNDER SECTION 35 AND 36. Name-Smit Shah Subject-Arbitration and Conciliation law. Roll number-95 Sub-topic-Finality and enforcement of award under section 35 and 36. YEAR-5TH YEAR. UNIVERSITY-M.S.U
  • 2. FINALITY OF ARBITRAL AWARD.(SECTION 35 ) Subject to this part an arbitral award shall be final and binding on parties and person claiming under them respectively. After a signed copy of award is delivered to the parties under section 31(5) the award can not considered as final and binding unless the time limit prescribed therein for correction ,interpretation , or additional award and setting it aside, as case may be has expired. As award may be said to become final when it is no longer open to objection or opposition by way of an application for setting aside or appeal.it can then be used by way of defence and offence. Binding implies that it can be relied on by any of the parties by way of defence, set off or otherwise in any legal proceeding. So long as it is binding but has not yet become final it can be use by way of defence.
  • 3. FINALITY OF ARBITRAL AWARD.(SECTION 35 ) The expression final award may also be interpreted as an award which is complete in all respects leaving nothing more to be done by the arbitral tribunal to give the award a legal character and to make it legally binding on the parties. The effect of an award which has acquired legal finality is that a second reference on the subject- matter of the award becomes incompetent as the matters become subject to res judicata a suit between the parties on the same cause of action barred. Under the old act the decree passed in terms of the award was not subject to the normal rules of appeal. The arbitral award is binding on the parties and the persons claiming under them respectively. Parties means parties to the arbitration agreement.
  • 4. SECTION 36-ENFORCEMENT.(GENERAL INTRODUCTION) The first stage in arbitration commence with arbitration agreement ,it end with making of the award. Thereafter the second stage related to the enforcement of the award. Section 36 deal with enforcement of award. An arbitral award is now effective on its own force the right created by it is enforceable without any further step. As per section 36 award is enforceable accordance with the provision of civil procedure code just like it were a decree of court. -However under the old act 1940 which required the parties to request the arbitrators to file the award in court. And after lapse of the time for making an application for setting aside or upon refusal of such an application the court would pronounce a judgement according to the award thereby making it a rule of the court on which decree in terms of the award would follow. Only then would the award acquire a legal character and be legally enforceable. At that time requirement as to filling an award in court ,pronouncement of judgement for making the award a rule of the court and passing a decree in terms of the award have now been done away with. Now
  • 5. SECTION 36-ENFORCEMENT. (1)where the time for making an application for set aside an arbitral award under section 34 has been expired or where any such application has been made on same being refused then subject to the provision of sub-section(2) such award shall be enforced in accordance with the provision of the code of civil procedure 1908 in same manner as if it were decree of the court. Where an application for set aside the arbitral award has been filed in the court under section 34 then only by filling a application award is not unenforceable unless the court grant a stay order on said arbitral award, in accordance with the provision of sub-section(3) on a separate application made for the that purpose. Upon filling of an application under sub-section(2)for stay on the arbitral award the court may subject to such conditions as it may deem fit grant stay of the operation of such award for reason to be recorded in writing.
  • 6. SECTION 36-ENFORCEMENT.(GENERAL INTRODUCTION) -Supreme court said in M.Banerjee & sons v/s M.N.Bhagavati case that section 36 lays down that arbitral award is to be enforced under the C.P.C in the same manner as if it were decree of the court. Award itself is to be treated as a decree of the court.