The growth of international commerce has necessitated the creation of efficient methods of resolution of disputes. In some situations, securing an award or a final judgment from the courts may only be a battle half won; this is especially true in the Indian context.

We have come across situations where the opposite parties decide to not participate in the arbitral process or abandon it mid-way. The enforcement of these awards/judgments where the party is in absentia is sometimes more complicated than one where the opposite party has participated in the proceedings. In certain situations, objections have been raised even against costs awarded by the tribunal or the jurisdiction of the tribunal or court, as the case may be. Therefore, the stage of enforcement of an award or decree warrants a high degree of caution.

A few steps that are crucial for ensuring successful enforcement of arbitral awards and execution of decrees are:

• Making effective service on opposite party/ judgment debtor is crucial to prevent objections at later stage;

• Taking necessary steps by way of attachment/ notice/ arrest/ appointment of receiver or in another manner;

• Remember that principles of natural justice apply to even execution proceedings.

The enforcement landscape in India has witnessed certain key developments - starting from notification of UAE as a reciprocating territory for execution of decrees to the judiciary’s clarification on the limitation periods of enforcement of foreign awards and judgments, and many more.

Mr. Moazzam Khan, Head-Global Litigation, Nishith Desai Associates with Mr. Michael Hwang SC, former Chief Justice of the Dubai International Financial Centre Courts at the signing ceremony of the Guide on Mutual Recognition and Enforcement of Civil and Commercial Judgments in DIFC Courts and India on September 14, 2018. A pro-bono effort was undertaken by NDA jointly with DIFC Courts to help parties with a comprehensive practical guidance and innovate ways to enforce civil and commercial judgments in India and DIFC Courts.

In our latest paper, we provide an overview of the law and a practical insight into enforcement of awards and decrees in India.

Please click here to access our paper. Hope you find this useful.

Please do not hesitate to contact us if you have any queries.

For any help or assistance, please email us on ndaconnect@nishithdesai.com.

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