Nullity in the void — Application of the Code of Civil Procedure to enforcement of Awards under the Arbitration Act

Harshwardhan Thakur

No 58xdu, SocArXiv from Center for Open Science

Abstract: The enforcement of awards under the Arbitration and Conciliation Act of 1996 has long been marred by the rigors of various substantive provisions of the Code of Civil Procedure, 1908. This paper examines the scheme of Section 36 of the Act, prescribing the procedure for enforcement of awards and also the contours of the legal fiction in sub section (1) thereof, and then tests their features against the provisions of the Code relating to enforcement of decrees. It concludes that Sections 36-47 of Part II and Rules 26-29, 46, 46A-I, 50, 58-59, 97-104 of Order XXI of the Code are non-suited as, they enable substantive adjudication; orders made thereunder are appealable; and they enable third parties to bring objections, these are all contrary to the scheme of Section 36 and also of the Act.

Date: 2024-12-17
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Persistent link: https://EconPapers.repec.org/RePEc:osf:socarx:58xdu

DOI: 10.31219/osf.io/58xdu

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