Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Objections To Arbitral Award Execution Maintainable Only If Decree Is Void Or Without Jurisdiction : Supreme Court
The Supreme Court of India clarified the scope of objections that can be raised during execution of an arbitral award under the Arbitration and Conciliation Act, 1996. It held that objections to execution are maintainable only if the arbitral decree is void ab initio or passed without jurisdiction — not for mere legal or factual errors. The case arose from a contractual dispute in which the award-debtor attempted to resist enforcement by alleging fraud during execution. The Court emphasized that once the award has been upheld under Sections 34 or 37 of the Act, execution proceedings under Section 36 read with Order XXI of the CPC cannot revisit settled issues. The ruling reinforces the principle of finality in arbitral awards and restricts post-award interference, preserving the integrity and efficiency of the arbitral process.