You have won the arbitration. The award is in your hands. The other party is not paying. Section 36 converts the award into an executable decree — with the full machinery of civil court execution at your disposal.
Quick Summary
A domestic arbitral award is enforced as a decree of court under Section 36 of the Arbitration and Conciliation Act, 1996. Once the time for filing a Section 34 challenge has expired (or a challenge has been dismissed), the award becomes enforceable. Enforcement is initiated by filing an execution petition before the court that would have jurisdiction if the dispute were the subject of a suit. Foreign arbitral awards governed by the New York Convention or Geneva Convention are enforced under Part II of the Act, subject to limited grounds of refusal under Section 48.
Enforcement may involve attachment and sale of movable and immovable property, arrest of the judgment debtor, appointment of a receiver, or garnishee proceedings. Where the award debtor has assets in multiple jurisdictions, separate enforcement proceedings may be required in each jurisdiction. The decree holder can apply for enforcement in the court within whose jurisdiction the assets are located.
Key references: Arbitration & Conciliation Act, 1996 · eCourts · Kerala High Court · UNCITRAL · Last reviewed: June 2026
The office is located in Kakkanad, Ernakulam. Enforcement of arbitral awards in Ernakulam, Kerala is handled before the District Court at Ernakulam. Foreign award enforcement proceedings under the New York Convention are filed before the Kerala High Court at Ernakulam.
Under Section 36 of the Arbitration and Conciliation Act, 1996, a domestic arbitral award is enforced as if it were a decree of the civil court. The award itself, once the challenge period has elapsed or a Section 34 application has been finally disposed of, becomes directly executable.
File an execution petition before the civil court that has jurisdiction over the seat of the arbitration or where the award debtor's assets are located. Attach the certified copy of the award.
Court issues notice to the award debtor requiring payment or appearance. The debtor may raise objections to execution — but grounds are narrow (the court does not re-examine the merits).
The executing court attaches the award debtor's assets — immovable property, bank accounts, vehicles, shares. The attachment prevents disposal of assets pending sale for realisation.
Attached assets are sold through court-supervised auction. Proceeds are applied to satisfy the award amount plus interest and costs. Surplus, if any, is returned to the debtor.
Under Section 31(7) of the Arbitration Act, the Tribunal may award interest on the sum in dispute from the date of cause of action to the date of the award, and from the date of the award to the date of payment. Where the award does not specify post-award interest, interest at 2% above the current Reserve Bank rate accrues from the date of the award. This accruing interest incentivises prompt payment and compensates the award holder for delay in enforcement.
India is a signatory to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards, 1958. Part II of the Arbitration Act (Sections 44–60) implements the Convention. Foreign awards from Convention countries notified by India can be enforced in Indian courts as binding awards under Section 46.
The enforcement court may refuse recognition only on limited grounds under Section 48:
The office files execution petitions and manages the complete enforcement process — attachment, auction, and recovery. For foreign awards, enforcement before the Kerala High Court. Contact for immediate advice on the fastest execution route given the debtor's available assets.
Contact the Office Section 34 — Challenge an Award