DELAYS DEFEAT JUSTICE: THE PROCEDURAL BOTTLENECKS IN ENFORCING ARBITRATION AWARDS IN INDIA

Although arbitration is intended to be a time-saving alternative to litigation, its effectiveness in practice relies on the swift enforcement of arbitral awards. In India, however, proceedings for enforcement are frequently troubled by systemic delays, procedural inefficiencies, and judicial overreach, undermining the very essence of arbitration. This article explores the procedural obstacles hindering the enforcement of domestic and international arbitral awards in India. This study, based on the statutory provisions, judicial precedents, and experience of actual cases, demonstrates how parameters such as long-drawn court trials, wide judicial discretion under Section 34, and troubles occasioned by the Insolvency and Bankruptcy Code lead to erosion of faith in the arbitral machinery. The paper also contrasts enforcement mechanisms in places such as Singapore and the UK, offering reform recommendations that can bring India into line with international best practices and make it an arbitration-friendly nation. KEYWORDS: Arbitration enforcement, Arbitration and Conciliation Act, 1996, Commercial Courts, Foreign Arbitral award, Judicial delay, and Insolvency and Bankruptcy Code, 2016.