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Devan (Partner)     01 December 2010

Arbitration Award

Dear Sirs;

I have obtained an arbitration award for an amount of 2 Crores in different heads of claims on 12.08.2010. The award has directed the respondent to realize the amount within one month from the date of award published. However, there is no response from the other side (Govt. of Kerala). The Arbitral Tribunal was appointed by the High Court under S.11(6) of the Act. In this circumstance, where shall I file the execution petition?. Since the award is silent about the future interest, am I entitles to get any interest?.



Learning

 6 Replies

Swami Sadashiva Brahmendra Sar (Nil)     01 December 2010

Inteligent question, shall be replied by chief of our Team.

- Team Tripathi
 


(Guest)

if the award speaks nothing about interest it is deemed to be refused.

File an execution petition before the civil court having jurisdiction in which the repondent resides or carries on business or property situated.

SN PANIGRAHI (GM PROCUREMENT)     02 December 2010

Enforcement.- The arbitral award shall be enforceable under the
Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the Court.

For interest on delay you may again approach the "arbitral tribunal"

SACHIN AGARWAL (ADVOCATE)     03 December 2010

You have not made it clear that whether the award ha sbeen passed under the Arbitration Act, 1940 or under Arbitration and Conciliation Act, 1996. If it is under the act of 1996, you can file the objections under section 34 of the act within a period of three month from the date of receiving the copy of award before the District Judge having jurisdiction in the matter.

 

If the award is under the act of 1996, it is equivalentto the Civil Court Decree and can be executed under the provisions of Section 37 of the act of 1996.

 

The execution can be filed after the expiry of the period of three months for filing the objections and if objections are filed by the respondent, the execution would not proceed further till the objections are dispossed off..

Ashraf (Member)     04 December 2010

if the award is under 1996 Act and silent about interest from the date of award till date of payment, you will be entitled to interest at 18% per annum on the principal amount awarded, from the date of award till date of payment. The  execution petition can be filed before the civil court having jurisdiction in which the office of the respondent situated.

Devan (Partner)     04 December 2010

Sir.

Please provide case law about the interest


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