Law and justice explained
What can you do if the other side refuses to comply with an arbitral award?
The ordinary remedy is enforcement under Section 36. Lawful execution steps may reach attachable assets, receivables or bank balances where court requirements are met; non-payment alone is not an automatic criminal offence.
Written by
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur
Key points
- What can you do if the other side refuses to comply with an arbitral award?
- Direct answer The ordinary remedy is enforcement under Section 36.
- Lawful execution steps may reach attachable assets, receivables or bank balances where court requirements are met; non-payment alone is not an automatic criminal offence.
Detailed analysis
Understanding law and procedure
What can you do if the other side refuses to comply with an arbitral award?
Direct answer
The ordinary remedy is enforcement under Section 36. Lawful execution steps may reach attachable assets, receivables or bank balances where court requirements are met; non-payment alone is not an automatic criminal offence.
Legal position and important distinctions
Money awards, directions to perform and other forms of relief may require different execution methods.
Pending challenge does not answer whether there is an operative stay; verify the order.
How the situation works in practice
- Execution must target the correct award-debtor and legally attachable assets.
- Third-party property cannot casually be treated as the debtor's property.
Illustration (hypothetical): An award against a company is not automatically an award against its director personally; personal assets require an independent legal basis.
Practical next steps
- Read the operative award to identify enforceable obligations.
- Account for payments, interest and any stay.
- Seek proportionate execution measures in the correct court.
Avoid this common mistake
An arbitrator does not simply dispatch police to collect a debt; enforcement is through legal process with procedural safeguards.
Official legal source and disclaimer
India Code — Arbitration and Conciliation Act, 1996
General legal information only. The result depends on the agreement, applicable amendments, dates, jurisdiction and record. This is not individual legal advice or a promise of success; verify the current law and binding decisions before publication or action.
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About the author
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur।
Publishes informational articles on Indian law, judicial decisions and practical legal issues.
Editorial note: Analysis and commentary reflect the author’s understanding and opinion. Law, facts and judicial developments may change; check primary sources and your own circumstances before acting.