(1) Where the time for making an application to set aside the arbitral award under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a decree of the court.
(2) Where an application to set aside the arbitral award has been filed in the Court under section 34, the filing of such an application shall not by itself render that award unenforceable, unless the Court grants an order of stay of the operation of the said arbitral award in accordance with the provisions of sub-section (3), on a separate application made for that purpose.
(3) Upon filing of an application under sub-section (2) for stay of the operation of the arbitral award, the Court may, subject to such conditions as it may deem fit, grant stay of the operation of such award for reasons to be recorded in writing:
Provided that the Court shall, while considering the application for grant of stay in the case of an arbitral award for payment of money, have due regard to the provisions for grant of stay of a money decree under the provisions of the Code of Civil Procedure, 1908 (5 of 1908).]
2[Provided further that where the Court is satisfied that a Prima facie case is made out that,--
(a) the arbitration agreement or contract which is the basis of the award; or
(b) the making of the award, was induced or effected by fraud or corruption, it shall stay the award unconditionally pending disposal of the challenge under section 34 to the award.
Explanation.--For the removal of doubts, it is hereby clarified that the
above proviso shall apply to all court cases arising out of or in relation
to arbitral proceedings, irrespective of whether the arbitral or court
proceedings were commenced prior to or after the commencement of the
Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016).]
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1. Subs. by s. 19, ibid., for section 36 (w.e.f.
23-10-2015).
2. Ins. by Act 3 of 2021, s. 2 (w.e.f. 23-10-2015).
Arbitration and Conciliation Act 1996
Section 31 of Arbitration Act - Form and contents of arbitral award
Section 31A of Arbitration Act - Regime for costs
Section 32 of Arbitration Act - Termination of proceedings
Section 33 of Arbitration Act - Correction and interpretation of award; additional award
Section 34 of Arbitration Act - Application for setting aside arbitral awards
Section 35 of Arbitration Act - Finality of arbitral awards
Section 36 of Arbitration Act - Enforcement
Section 37 of Arbitration Act - Appealable orders
Section 38 of Arbitration Act - Deposits
Section 39 of Arbitration Act - Lien on arbitral award and deposits as to costs
Section 40 of Arbitration Act - Arbitration agreement not to be discharged by death of party thereto