Is a Settlement Binding & Enforceable?
Is a mediated settlement, conciliation agreement or arbitral award binding in India? It depends on the process. How enforceability actually works.
Execution
Execution is the court process by which a decree, settlement or award is given practical effect against a party who has not complied voluntarily.
Written by Mediate Editorial TeamLast reviewed
In plain language. Execution is what happens when someone has been ordered to pay or do something, and simply does not. It is the machinery that turns a paper outcome into an actual result.
Common measures. Attachment and sale of movable or immovable property; garnishee proceedings against money owed to the defaulting party by a third party; appointment of a receiver; and in limited circumstances, arrest and detention.
Whether an ADR outcome can enter execution directly depends on the process used and the legal form in which the outcome is recorded.
For how this works for an award made abroad, see enforcing a foreign arbitral award in India; for unpaid debts generally, see recovering money owed in India.
Also known as: enforcement proceedings, execution proceedings
See also
General information only — not legal advice.
Sources
- Arbitration and Conciliation Act, 1996, Section 36Dated
Related Topics
Related Guides
What Happens After You Settle: Enforcement in Practice
What happens after a mediation or arbitration ends: how a settlement or award is enforced in India if the other side does not comply, and what it involves.
Related Terms
Mediated Settlement Agreement
A mediated settlement agreement records the terms agreed by parties at the conclusion of a successful mediation.
Arbitral Award
An arbitral award is the binding decision of an arbitral tribunal, enforceable as a civil court decree under the Arbitration and Conciliation Act, 1996.