#execution of award

Appointments of arbitrators made unilaterally before the 23 Oct 2015 amendment are not void, provided the arbitration agreement either names the arbitrator or permits one party to appoint. Only appointments lacking any contractual basis are set aside. This clarifies the enforceability of older arbitral clauses for parties and courts handling award execution.

The Bombay High Court has ruled that a conditional stay on a land acquisition award is automatically nullified if the required deposit of the awarded amount plus interest is not made within the stipulated time. This removes legal immunity for delaying compensation and obligates executing courts to proceed with enforcement immediately, safeguarding claimants' constitutional right to timely payment under Article 21.

Madras High Court rules that orders passed by the Master in execution of arbitration awards under Section 36 of the Arbitration Act are not appealable, reinforcing the finality of arbitral awards and limiting judicial intervention to Section 37 remedies. This decision impacts commercial dispute resolution by barring appellate challenges to execution proceedings, ensuring faster enforcement of awards.

The Delhi High Court holds that arbitration costs formally submitted by a party and left unchallenged by the opposing side become enforceable even if not separately quantified in the award. This clarifies that silence in arbitration proceedings constitutes waiver, streamlining enforcement and reducing litigation risk for award holders.

Punjab & Haryana HC rules that co-sharers in acquired land are entitled to equal compensation as awarded to other co-owners, even without filing a Section 18 objection. The judgment enforces execution applications based on co-sharer awards, aligning with the Supreme Court's precedent in Ramphal v. Haryana SIDC, ensuring parity in compensation distribution.

High Court of Telangana holds that execution petitions for chit fund awards must be filed before the Deputy Registrar, not civil courts, reinforcing statutory exclusivity under Chit Funds Act.

Punjab & Haryana High Court holds that co-sharers in acquired land are entitled to same compensation as awarded to other co-owners, even without filing objections under Section 18 or 28-A.