Waiver of the Right to Set-Aside and Resist the Enforcement of an Arbitral Award: An Indian Perspective

Dunna, Gracious Timothy

doi:10.2139/ssrn.3437335

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Waiver of the Right to Set-Aside and Resist the Enforcement of an Arbitral Award: An Indian Perspective

16(1) Asian International Arbitration Journal 69 (2020)

18 Pages Posted: 17 Aug 2019 Last revised: 15 May 2020

See all articles by Gracious Timothy Dunna

Gracious Timothy Dunna

Society of Construction Law - India

Date Written: 2020

Abstract

Setting aside an award and/or resisting the enforcement of the award is the only recourse an award-debtor has following the issuance of the adverse award. It has been suggested that such processes could be long-drawn and deprive the successful party the early recovery of the fruits of its successful resolution. Some have suggested that perhaps parties could agree to waive their right to apply for setting aside and/or to resist the enforcement of the award upon its making. Such waivers require the consideration of whether they would eventually be enforceable. This article seeks to discuss the thorny problems for an Indian perspective, examining the perspective of the Indian courts and related legislative framework.

Keywords: Waiver, Right, Set-Aside, Annul, Enforce, Public Policy, Oust, Jurisdiction, Arbitration Act 1996, India

Suggested Citation: Suggested Citation

Dunna, Gracious Timothy, Waiver of the Right to Set-Aside and Resist the Enforcement of an Arbitral Award: An Indian Perspective (2020). 16(1) Asian International Arbitration Journal 69 (2020), Available at SSRN: https://ssrn.com/abstract=3437335 or http://dx.doi.org/10.2139/ssrn.3437335