Predicament of Jurisdiction in Enforcement of Domestic Arbitral Awards

Krutarth K. Trivedi
Advocate at Gujarat High Court, India.

Volume II – Issue III, 2020

The paper seeks to highlight the legal conundrum of the jurisdiction issue in the enforcement of domestic arbitral awards. The enactment of Arbitration and Conciliation Act, has certainly resulted into speedy resolution of disputes between the litigants, however the litigant holding a favorable award passed by an arbitral tribunal is faced with a state of perplexity, when the litigant seeks the ultimate relief of the award qua enforcement. This paper attempts to clarify the legal scenario pertaining to jurisdiction of courts entertaining execution applications, by analyzing the enactment, procedural laws and judicial precedents which have developed conflicting opinions. Ultimately, attempts have been made by judicial forums to harmoniously construe and put the conflicting opinions to rest but the in view of the author  the crucial question remains is whether the conflict persists or has opened a new set of challenges?


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