Public policy and challenges in enforcing arbitral awards in India
- Bihar Journal of Public Administration
- 21(1S), Jan-Jun, 2024:p.379-389
Arbitral award acquires significant place in judicial administration. The principle of the institution of arbitration will be defeated, if the successful party’s right of arbitral award is not acknowledged and enforced, in circumstances wherein the unsuccessful party denied to comply with it. It is therefore necessary that parties to an agreement follow all the due process of entering into an agreement, to prevent unpredicted and unredeemable circumstances. In the absence of any agreement between the parties as to the applicable law, the arbitral tribunal shall apply the laws that it considers to be appropriate and relevant to the dispute. The present article intends to bring together major aspects related to an arbitral award, so that parties to an agreement can be more careful in their associates. In this article, types of award, legal requirements of an award, enforcement of an arbitral award, issue of public policy, implementation and other related challenges are discussed.- Reproduced