Wagner-Arbitration

Enforcing arbitral awards in India

This questionnaire on the enforcement of arbitral awards in India is co-authored by Asmita Singh, Vivswan Kanwar and Vinayak Kapur.

All three of them are qualified lawyers from India and completed their LL.M. Program in International Dispute Resolution from the Humboldt University of Berlin.

Asmita studied law at the O.P. Jindal Global University, India and worked as a litigator in Indian courts. Vivswan graduated from the National Law University, New Delhi and worked in a major law firm in India in the disputes practise for more than two years. Vinayak has an experience of more than two years working in the field of commercial arbitration and litigation, which he gained while working with the dispute resolution teams of law firms in New Delhi, India.

In this Q&A, the three of them answer some of the fundamental questions regarding the enforcement of arbitral awards in their home jurisdiction India.

INTRODUCTION

As foreign direct investment continues to grow in India, the escalation of potential cross-border disputes is inevitable. At this juncture, to expect the already encumbered Indian courts to responsibly cope with the pressure and deliver efficiently would be being simple-minded rather than proactive and introspective. Therefore, it would not be an exaggeration to say that arbitration in India is now a necessity and not merely an alternative.

The 2015 amendments were aimed at acknowledging and responding to the culture of “active judicial intervention” that had been a pandemic and consequential pitfall for the development of arbitration in India. In the same spirit, the recent 2019 amendment takes another step in the right direction. The latest amendment aims at revolutionizing institutional arbitration in India.

With such significant alterations from its existing approach towards arbitration, it seems India is ready to emerge as a leading international arbitration hub in the coming years.

Legal framework

Jurisdiction & procedure before court

Substantial requirements

Effects, remedies & procedural requests

Autor:in

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Vivswan Kanwar, LL.M.

Vivswan is a graduate of the National Law University in Delhi. He worked in a major Indian law firm in India in the disputes practice for more than two years before commencing his LL.M. studies in International Dispute Resolution at Berlin Humboldt University. He graduated from the program this year.

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Vinayak Kapur, LL.M.

Vinayak has an experience of more than two years working in the field of commercial arbitration and litigation, which he gained while working with the disputes practices of law firms in New Delhi. He earned his law degree at Nirma University in Ahmedabad and recently graduated from the LL.M. program in International Dispute Resolution of Berlin Humboldt University.

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Asmita Singh, LL.M.

Asmita studied law at the O.P. Jindal Global University. She is admitted to the Bar Council of Delhi as an advocate and worked as a litigator before moving to Berlin for her LL.M. studies in International Dispute Resolution at Berlin Humboldt University. She graduated from the program this year.

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About Wagner Arbitration

The law firm WAGNER Arbitration has its offices in Berlin and specializes in dispute resolution with a focus on arbitration. In addition, the firm offers comprehensive counseling services related to domestic and international business disputes and transactions.