You won the arbitration, the award is in your favour, and the other side still has not paid a single rupee. Under Section 36 of the Arbitration and Conciliation Act 1996, your award can be enforced like a court decree, and you can file for execution wherever the loser keeps money or property. This guide shows you the exact clock to watch and the steps to recover.
A domestic arbitral award becomes enforceable once the time to challenge it under Section 34 ends without a successful challenge. You then file an execution petition under Section 36, read with the Code of Civil Procedure 1908, in any court where the debtor has assets. The challenge window is three months plus up to thirty days. You have twelve years to execute.
Enforcement under Section 36 means an arbitral award is treated as if it were a decree of a civil court. You do not file a fresh lawsuit. You file an execution petition, and the court can attach the debtor bank accounts, salary, vehicles, or property to recover the awarded amount, interest, and costs, exactly as it would enforce its own judgment.
The framework sits in three sections of the Arbitration and Conciliation Act 1996, supported by the Code of Civil Procedure 1908 and the Limitation Act 1963.
Where you can execute. In Sundaram Finance Ltd v Abdul Samad (2018) 3 SCC 622 the Supreme Court held that an award can be filed straight for execution in any court in India where the debtor assets are located. You do not first file in the court that had jurisdiction over the arbitration and then transfer the decree.
How long you have. Because the award is enforced as a deemed decree, Article 136 of the Limitation Act 1963 applies, giving twelve years to execute. The clock runs from when the award becomes enforceable, that is when the Section 34 window has expired or any challenge has been dismissed, not from the date the award was signed.
For the full statute, see the RTI Act and allied laws reference section on this site.
Real-life example
Dr. Shrawan Kumar Pathak won a domestic arbitration award of ₹18,40,000 with interest against a supplier on 5 January 2026. He noted the supplier received the award on 12 January 2026. The supplier let the three month Section 34 window pass without any challenge. On 20 May 2026 Dr. Pathak filed an execution petition under Section 36 in the district court at Patna, where the supplier held a factory and two bank accounts. The court attached the bank accounts under Order 21 of the Code of Civil Procedure. By 30 June 2026 he had recovered ₹14,20,000, with the balance secured against the attached property.
IN THE COURT OF THE DISTRICT JUDGE AT [CITY] Execution Petition under Section 36 of the Arbitration and Conciliation Act 1996 read with Order 21, Code of Civil Procedure 1908. Decree-holder: [Your name and address] Judgment-debtor: [Loser name and address] 1. An arbitral award dated [date] was made in favour of the decree-holder for a sum of Rs. [amount] with interest at [rate] and costs. 2. A signed copy was received by the parties on [date]. 3. The time to apply under Section 34 has expired and no stay under Section 36(3) is in force. The award is enforceable as a decree under Section 36(1). 4. The judgment-debtor holds assets within the jurisdiction of this Court, namely [bank account / property / vehicle]. PRAYER: This Court may be pleased to execute the award by attachment and sale of the said assets and to recover the awarded sum, interest, and costs from the judgment-debtor. [Place, date] [Signature of decree-holder]
No. After the 2015 amendment, Section 36(2) makes clear that a Section 34 filing does not by itself make the award unenforceable. Execution stops only if the court grants a stay under Section 36(3) on a separate application.
When the Section 34(3) window closes, that is three months from receipt of the award, extendable by up to thirty days for sufficient cause, with no challenge succeeding. If a challenge is filed and dismissed, the award is enforceable on dismissal.
Twelve years under Article 136 of the Limitation Act 1963, because a domestic award is enforced as a deemed decree. The period runs from when the award becomes enforceable, not from the date it was signed.
In any court in India where the debtor has assets. In Sundaram Finance Ltd v Abdul Samad (2018) 3 SCC 622 the Supreme Court held you do not need to first obtain a transfer of decree from the court that supervised the arbitration.
Yes. Under Section 36(3) the court may grant a stay subject to conditions for reasons recorded in writing, and for a money award it commonly orders the loser to deposit part or all of the awarded amount.
No. Section 35 makes the award final and binding. The only route is the narrow set-aside application under Section 34 on limited grounds, not a re-hearing of the dispute.
No. You do not file a fresh suit. You file an execution petition under Section 36 read with the Code of Civil Procedure 1908, and the award is enforced like a court decree.
The court may condone a delay only within the extra thirty days for sufficient cause. Beyond three months plus thirty days the words “but not thereafter” bar the challenge, and the award stands enforceable.