arbitral proceedings and signalling his intent to
challenge the arbitral award. A caveat was filed by the appellant,
but challenge to the arbitral award dated ... EXECUTION PROCEEDING IN BOMBAY: -
5. The appellant filed Execution Application (L) no.1036 of
2013 in the High Court seeking execution of arbitral award dated
Arbitration Clauses 1923 and the Geneva Convention On the
Execution of Foreign. Arbitral Awards to which India was: a
party and which was given effect ... give effect "to a certain convention on the execution of
arbitral awards and to amend sub-s. (1) of s. 1 of the
Arbitration
Procedure , 1908 for speedy
execution of the above
decrees/orders/abitral awards.
(vii) In execution of the above
decrees/orders/arbitral awards, the
Supreme Court ... Committee) was constituted. The
Proceedings for execution of all decrees/
orders/ arbitral awards listed in Annexure-1 of
the said Order, the particulars of which
Council resumed arbitral proceedings. Appellant
did not contest the arbitral proceedings. Ultimately, an award
was passed on 06.07.2018. As per the award, the Facilitation
Council ... maintainable by alleging
that the arbitral award itself was a nullity and
hence non-executable?
b. Whether the arbitral award in the present
case could
Bombay High Court challenging the aforesaid arbitral
awards. On 26th November, 2015, the Respondents filed
two execution applications in the High Court for payment ... that this automatic
suspension of the execution of the award, the
moment an application challenging the said
award is filed under section
arbitral proceedings shall be terminated by the final arbitral
award or by an order of the arbitral tribunal under sub-section (2).
(2) The arbitral ... provides for arbitral proceedings to be
terminated by the final arbitral award. Thus, when an award is
already made, of which execution is sought
arbitral proceedings
shall be terminated by the final arbitral award or by an order of
the arbitral tribunal under sub-section (2). (2) The arbitral ... provides for arbitral proceedings to
be terminated by the final arbitral award. Thus, when an award
is already made, of which execution is sought
Court for the purpose of execution. Under Section 35 of the
1996 Act, an Arbitral Award will be final and binding on the parties ... deeming provision specifically meant for the
enforcement and execution of an Award, the Arbitral Proceedings can be
equated to a Civil Court proceedings. As rightly
execution of such foreign award by way of a composite petition is
required to be filed under Section 47. A foreign award does not become ... award does not
transform into a decree of a civil court in India. The foreign award does not lose its
character as an arbitral award
permissible to execute the
arbitral award in accordance with the procedure prescribed for execution of
a decree under the CPC .
12. However, the question ... only procedural provision and intends to simplify the procedure of
execution, once arbitral award is passed.
27. Reliance has also been placed on Shree Meenakshi
