Arbitration and Conciliation Act, 1996
PART I Arbitration
CHAPTER VIII Finality and Enforcement of Arbitral awards
Section 36: Enforcement.
36. 1[(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).]
1. Substituted by the Arbitration and Conciliation (Amendment) Act, 2015 (w.e.f 23.10.2015). Prior to substitution, the section stand as:
Where the tune for making an application to set aside the, arbitral award under award shall be endorsed under the Code of Civil Procedure, 1908 (5 of 1908). in the same manner as if it were a decree of the Court.”