Enforcement

What If the Losing Party Doesn't Pay After an Arbitration Award?

An award is a decree in waiting — here is how it actually gets collected.

Published
28 Sep 2026
Read time
1 min read
Seat
Chennai

Once the time to challenge a domestic award under Section 34 has passed without a challenge, or a challenge has been dismissed, the award is enforceable as if it were a decree of the court under Section 36 of the Arbitration and Conciliation Act, 1996.

The award-holder files an execution petition before the competent court, identifying the judgment-debtor's assets. Courts have a range of enforcement tools available — attachment of bank accounts, property, and other assets, and in appropriate cases, detention.

Parties sometimes assume an award is "self-executing." It is not — someone still has to identify assets and drive the execution process, which is why award-holders benefit from tracking a debtor's assets well before enforcement becomes necessary, not after.

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