- The tribunal’s award is due within 12 months of completion of pleadings, extendable by six months with consent, and further only by the court (section 29A).
- An application to set aside an award must be made within three months of receipt, with a further 30 days condonable (section 34(3)).
- Interim relief can be sought from a court before, during or after arbitration but before enforcement (section 9); once the tribunal is constituted, the court will ordinarily not entertain it unless the tribunal’s remedy is inefficacious.
- An award is enforceable as a decree of the court once the time for challenge has expired or the challenge is dismissed (section 36).
Domestic arbitration — a working timeline
- Dispute arisesInvoke the arbitration clause by written notice (section 21 — arbitration commences on receipt of notice by the respondent).
- Day 30If the parties cannot agree on an arbitrator, apply to the High Court or Supreme Court under section 11 (the court acts on a prima facie basis on existence of the agreement).
- Within 6 monthsPleadings — statement of claim and defence — to be completed within six months of the arbitrator’s receiving notice of appointment (section 23(4)).
- Within 12 months of pleadingsAward to be made (section 29A(1)); parties may extend by six months by consent.
- Within 30 days of awardApplication for correction or additional award under section 33.
- Within 3 months (+30 days)Challenge under section 34 — must be made within three months of receipt, extendable by a maximum of 30 days if sufficient cause is shown.
- After challenge periodAward enforceable as a decree under section 36.
Where courts support the process
| Section | What it does | Why it matters |
|---|---|---|
| Section 8 | Court refers parties to arbitration where an agreement exists and a party applies before the first statement on the substance of the dispute | Stops parallel civil suits when an arbitration clause is invoked |
| Section 9 | Interim measures: preserve assets, injunctions, appointment of a receiver, securing the amount in dispute | If arbitration is to be commenced after the interim order, it must begin within 90 days (section 9(2)) |
| Section 11 | Appointment of arbitrators when the parties’ procedure fails | The appointment stage is where most early delays occur |
| Section 17 | Tribunal’s own power to grant interim measures; enforceable as a court order | Efficient once the tribunal is constituted |
| Section 27 | Court assistance in taking evidence | Compulsion of witnesses and documents |
| Section 34 | Application to set aside the award on narrow grounds | Three months, not extendable beyond 30 days |
| Section 36 | Enforcement of the award as a decree | Conditional stay only on a deposit, if the court so orders |
| Section 37 | Appeals against specified orders | Appeal lies only in the listed cases |
The tribunal’s timeline in more detail
Section 29A was inserted in 2015 to keep arbitrations from drifting. The 12-month period runs from the date the tribunal completes its pleadings — originally from the date the tribunal enters on the reference. If the award is not made in that time and the parties have not extended it, the mandate of the arbitrator terminates unless the court extends the period, either before or after expiry, on an application by a party. The court may order a reduction of the arbitrator’s fees for delay attributable to them and may substitute arbitrators. A faster route exists: a fast-track procedure under section 29B, where the parties agree, for a decision on documents in six months.
Challenge and enforcement
Grounds on which an award may be set aside (section 34)
- A party was under some incapacity, or the arbitration agreement was invalid
- The party was not given proper notice or could not present its case
- The award deals with a dispute not contemplated by or beyond the scope of the submission
- The composition of the tribunal or procedure was not in accordance with the agreement
Further grounds the court may find
- The subject matter is not arbitrable under Indian law
- The award conflicts with the public policy of India — including fraud, corruption, or breach of the fundamental policy of Indian law or of justice and morality
- For domestic awards, patent illegality appearing on the face of the award
Foreign awards
Awards made in a country that is a party to the New York Convention and notified by India are enforced under Part II of the Act (section 44 onward); the party seeking enforcement files the original or certified copy of the award and the arbitration agreement, and the court limits itself to the narrow grounds in section 48. Awards made in India in international commercial arbitrations are treated as domestic awards for the purposes of section 34 and 36. Choosing the seat of arbitration is therefore also choosing which court will supervise the proceedings and how the award will be enforced.
Frequently asked
Can parties agree to a longer timeline than section 29A allows?
The 12-month period can be extended by six months with the parties’ consent; beyond that the court must extend, and may impose conditions. The parties cannot simply contract out of the court’s role in extending the mandate.
Does a section 34 challenge automatically stop enforcement?
No. Since the 2015 amendment, an application to set aside does not by itself render the award unenforceable; the court may stay enforcement on application, and may require a deposit as a condition.
Is the arbitration clause enough to bar a civil suit?
A party that wants to arbitrate should apply under section 8 before filing its first statement on the substance of the dispute in the suit. Otherwise the right to insist on arbitration can be waived.
Is limitation different for arbitration?
The Limitation Act, 1963 applies to arbitrations as it does to suits (section 43), and arbitration is treated as commenced on the date notice invoking it is received by the other party. A claim already time-barred in court is time-barred in arbitration.
The Arbitration and Conciliation Act has been amended several times and its sections have been the subject of substantial Supreme Court interpretation. Check the current text and the most recent decisions on the point before relying on this timeline. Not a substitute for advice from an advocate or chartered accountant on your facts.