Respondent had defaulted on a loan and the Appellant had sought repossession\u00a0\u00a0\u00a0 of his truck as a result. The arbitration clause was invoked and an ex-parte <\/em>award was issued in the Appellant\u2019s favour.\u00a0 During execution proceedings, the trial court\u00a0 in Morena, Madhya Pradesh returned the execution application on account of lack\u00a0\u00a0\u00a0 of jurisdiction. The appellant was asked to first file execution proceedings before the competent Court in Tamil\u00a0 Nadu having jurisdiction over the proceeding, obtain\u00a0\u00a0 a transfer of the decree and then seekexecution before the Court in Morena.<\/p>\n \u00a0<\/p>\n Whether an award under the Arbitration and Conciliation Act, 1996 is required to be first filed in the Court having jurisdiction over the proceedings for execution\u00a0 and then to obtain transfer of the decree or whether the award can be directly\u00a0\u00a0\u00a0 filed and executed in theCourt where the assets are located.<\/p>\n \u00a0<\/p>\n In the case of an arbitral award, there is no decree passed but the award itself is executed as a decree by fiction, unlike the position under the 1940 Act. An award\u00a0\u00a0 \u00a0is equated to a decree only for the purpose of execution,\u00a0 nothing else. Section 43\u00a0\u00a0 of the 1996 Act has no relevance in determining jurisdiction after the final award has been passed and the mandate of the arbitral tribunal has terminated.<\/p>\n \u00a0<\/p>\n Execution proceedings can be filed anywhere in the country where such decree\u00a0 can be executed and there is no requirement for the transfer of decree from the Court which would have jurisdiction over the arbitral proceedings. (CA No 1650\u00a0\u00a0 of 2018 dt. 15-2-2018)<\/p>\n Editorial: <\/em><\/strong>Ratio is relevant when dealing with execution proceedings of arbitral awards. It significantly eases the mechanism for seeking enforcement of an arbitral award in jurisdictions where the opposite party may have its assets.<\/p>\n \u201cEach one has to find his peace from within, and peace to be real must be unaffected by outside circumstances.\u201d<\/em><\/p>\n – Mahatma Gandhi<\/p>\n","protected":false},"excerpt":{"rendered":" Arbitration and Conciliation Act, 1996Issue<\/h3>\n
View<\/h3>\n
Held<\/h3>\n
\nS.36: Execution of awards \u2013 Anywhere in the country \u2013 No requirement for obtaining a transfer of the decree from the Court which would have jurisdiction over the arbitral proceedings. [Arbitration and Conciliation Act, 1996, S.36, 40; Civil Procedure Code, 1908, S.46]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[4],"tags":[],"class_list":["post-13150","post","type-post","status-publish","format-standard","hentry","category-allied-laws"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-3q6","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/13150","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=13150"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/13150\/revisions"}],"predecessor-version":[{"id":13151,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/13150\/revisions\/13151"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=13150"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=13150"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=13150"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}