The
Arbitration and Conciliation Act 1996
has following sections for the
enforcement of the awards
Part _I
“ Section 36Enforcement: Where the time for making
an application to set aside the aritral award under Section 34 has expired or
such application having made. It has been refused the award shall be enforced
under of Civil Procedure in the same manner as if the it were a decree of the
court
Part-II
contains provisions for the execution of the foreign award and conditions for
the executions in the following sections
Chapter –I
(It deals with International arbitration award under New York Convention)
Section
47 Evidence -----
Section 48 :
Condition for the Enforcement of foreign
Award
Section 49:-Enforcement of foreign Award:-
Where the court is satisfied that foreign award is enforceable under this
chapter the award shall be deemed to be
a decree of that court
Chapter-II
(It deals with International arbitration award under Geneva Convention)
Section 56:-
Evidence
Section 57:-
: Condition for the Enforcement of
foreign Award
Section 58
:- Enforcement of foreign Award:- Where the court is satisfied that foreign
award is enforceable under this chapter the award shall be deemed to be a decree of that court
In view of the language
employed in the aforesaid sections following deductions may be made
(1)
The
Domestic arbitration award can be executed in the same manner as if it were a
decree
(2)
The
Foreign awards are by a legal fiction taken as the decree of the civil court
and the same can be enforced subject to satisfaction of the court
(3)
There
is no provision under section 38 of the Arbitration and Conciliation Act 1996
which makes that enforcement of the award by subject to satisfaction of the
court.
(4)
Section
16 of the Arbitration and Conciliation Act provides (while dealing with
domestic arbitration proceedings)
“ Section 16 Competence of the
arbitral tribunal to rule its jurisdiction
(1)
The
arbitral tribunal may rule on its own jurisdiction including ruling on any
objections with respect to the existence or validity of the arbitration agreement
and for that purpose-
………
Further section 16(6) provides for
the separate proceedings in district court under section 34 for adjudication
such claims.
Hence a petition under
section 47 of the civil procedure code is not maintainable unless it is
expressly permitted as have been permitted contemplated under sections 49&
58 . Because the Arbitration and conciliation Act 1996 is self contained
code as held by the Apex court in Fuerst
Day Lawson Ltd. vs Jindal Exports Ltd. 2011 (8) SCC 333