Place where Execution to be filed
1 It is the choice of the Award holder to file an execution at the place of his choice; and Section 2(1)(e) doesn’t apply in Execution proceedings.
2 Arbitration Awards are to be executed before Commercial Court / Commercial Division of the High Court, in view of S.15 of Commercial Courts Act, 2015.
3 The principal Civil Court of original jurisdiction, which is the District Court, is conferred with the jurisdiction to execute a domestic award.
4 Execution of Award is to be filed before Court within whose jurisdiction the Judgment Debtor resides, carries on business or his property is situate.
5 Award passed under NH Act would have to be executed before the Court where Arbitration proceedings took place, as per mandate of S. 42 of the Act.
6 The Award holder is entitled to proceed against the Assets of the Award debtor in any and every jurisdiction in which such assets are located, and allegation of Forum Shopping won’t apply.