Kluwer: The Devil in the Proviso? India's Section 36(3) Fraud Exception and Award Enforcement

Published on July 6, 2026

The subject of automatic stay of arbitral awards in India, arising from the Supreme Court of India’s (the “Supreme Court”) interpretation of Section 36 of the Arbitration and Conciliation Act, 1996 (“Act”), has long troubled India’s pro-arbitration turn. In National Aluminium Co. Ltd. v. Pressteel & Fabrications Pvt.