SERIES – Jurisdiction of Civil and Commercial Courts under Indian Arbitration Law
International arbitration systems consistently treat enforcement as the decisive phase of arbitration. Jurisdictions such as England, Singapore, and Hong Kong adopt asset-centric enforcement models that prioritise effective recovery over procedural formality.
India’s earlier enforcement regime stood in contrast to this approach. Automatic stays, seat-centric execution, and expansive judicial intervention placed India at odds with global arbitration standards. This divergence was frequently cited as a deterrent to international investment.
The post 2015 reforms represent a conscious realignment. The abolition of automatic stays, judicial endorsement of asset-centric execution, and consolidation of commercial adjudication signal a shift towards practical finality. Finality is no longer understood merely as the exhaustion of challenges, but as the successful conversion of an arbitral award into an enforceable legal outcome.
This evolution reflects a mature arbitration jurisprudence one that prioritises outcomes over formalism. By recognising enforcement as the true endpoint of arbitration, Indian courts have strengthened the credibility of arbitration and aligned domestic practice with international expectations.
Arbitral awards in India are increasingly treated not as symbolic declarations, but as enforceable instruments of commercial justice. This shift significantly enhances India’s arbitration ecosystem and reinforces its broader ease-of-doing-business framework.
Authored by,
Mantri Lakshmi Sanjana (Intern, Alliance University, Bangalore)
With guidance from K. Siddhartha, Advocate – Litigation
RVR Associates, IPR Attorneys and Advocates