Arbitration, Mediation and Conciliation · Preparation and Execution of Arbitral Award

Delivery, Date and Place of the Arbitral Award

Updated 11 October 2026 · Fact-checked

Under Section 31 of the Arbitration and Conciliation Act, 1996, an award must state its date and the place of arbitration fixed under section 20. The award is deemed made at that place. After it is made, a signed copy must be delivered to each party. Section 3 governs how delivery is deemed received.

Understand Delivery, Date and Place of the Award

An arbitral award is not just a decision. It is a written, signed document that must carry certain details. Two of these details are the date and the place of arbitration. Section 31(4) requires both.

The place stated is the place of arbitration as determined in accordance with section 20. The Act then adds a deeming rule: the award is deemed to have been made at that place. So even if the arbitrators signed in different cities, or in a hotel in another town, the award is treated as made at the stated place.

Section 31(5) deals with delivery. After the award is made, a signed copy shall be delivered to each party. The Act says each party, not just the winner and not just the party who paid the fees. Delivery is the step that links the award to what happens next.

How is delivery judged? Section 3 says that, unless the parties agree otherwise, a written communication is deemed received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address. If none of these can be found after reasonable inquiry, sending it to the last known address by registered letter or other means giving a record of the attempt is enough. It is deemed received on the day it is so delivered.

The effect on later proceedings matters in exams. The date fixes the date of the award, which is the point from which post-award interest runs under section 31(7)(b). Section 43 applies the Limitation Act, 1963 to arbitrations. The place linked to the award helps identify the seat and the court connected with later steps. The text supplied to you does not state the time limit for challenging an award. For that, read section 34 along with your study material on delivery of the signed copy.

Key rules to remember

Date and place in the award: Award must state: date + place of arbitration (as per section 20); award deemed made at that place; Section 31(4). Place is the one determined under section 20, not where the members happened to sign.
Delivery of signed copy: After the award is made → signed copy delivered to each party; Section 31(5). Every party gets a signed copy.
Deemed receipt of communication: Delivered personally or at place of business, habitual residence or mailing address = received; deemed received on the day delivered; Section 3(1) and (2). Applies unless parties agree otherwise.
Fallback delivery: If no address found after reasonable inquiry → last known address by registered letter or other means giving a record of the attempt; Section 3(1)(b). Section 3 does not apply to proceedings of any judicial authority (section 3(3)).
Post-award interest: Unless the award otherwise directs: interest at 2% higher than the current rate of interest on the date of award, from date of award to date of payment; Section 31(7)(b). Shows why the date of the award matters.
Limitation in arbitration: Limitation Act, 1963 applies to arbitrations as to court proceedings; arbitration deemed commenced on the date in section 21; Section 43(1) and (2).

How to solve Delivery, Date and Place of the Award questions

Use this method for any case question on the date, place or delivery of an award.

1Identify what the award states. Check whether it carries a date and a place of arbitration, as section 31(4) requires.
2Find how the place was fixed. It must be the place determined under section 20, by agreement or by the tribunal. Apply the rule that the award is deemed made there.
3Ignore where the members actually signed. Where the facts mention a different signing location, say the deeming rule prevails.
4Check delivery. Was a signed copy delivered to each party? Note any party who was left out.
5Test the mode of delivery against section 3: personal delivery or delivery at business, residence or mailing address; or the fallback to last known address. Fix the date of receipt.
6Link to consequences: the date of award for interest under section 31(7)(b), and limitation for later proceedings under section 43 and the relevant provision of the Act.
7Conclude clearly in one or two lines, and add the practical drafting point, such as stating date and place at the end of the award.

Quickest way: Date-Place-Copy check

When to use it: Use in short-answer questions or when time is tight.

Date: is it stated?
Place: is it the section 20 place? It is deemed the place of making.
Copy: signed copy to each party, with receipt judged under section 3.
Effect: date drives interest; delivery and the Limitation Act drive timelines.

Common mistakes in Delivery, Date and Place of the Award

Saying the award is made where the arbitrators signed it.
Students think of the physical act of signing.
Fix: Section 31(4) deems the award made at the place of arbitration stated in it, determined under section 20.
Writing that the copy goes only to the successful party.
Students link delivery to enforcement.
Fix: Section 31(5) says a signed copy is delivered to each party.
Quoting a time limit for challenge from the section 31 text.
Students merge section 31 with section 34.
Fix: Section 31 gives no time limit. Say the limit comes from the challenge provision and runs with receipt of the signed copy, and keep that separate.
Forgetting that section 3 starts with 'unless otherwise agreed'.
The deeming rule is memorised without its condition.
Fix: State that the parties may agree on another mode of delivery, and apply section 3 only in default.
Treating an unsigned or undated copy as a proper award.
Students ignore the formal requirements.
Fix: Mention writing and signatures (section 31(1)), date and place (section 31(4)) and the signed copy for each party.

Worked examples

Example 1

A three-member tribunal fixes Mumbai as the place of arbitration under section 20. The members sign the award in Pune, Delhi and Mumbai on different days. The award states 'Place: Mumbai' and is dated 12 March. Where is the award deemed to have been made?

Show the solution

Section 31(4) requires the award to state its date and the place of arbitration determined under section 20.
The stated place is Mumbai, fixed under section 20.
The same sub-section deems the award made at that place.
The cities where members signed do not change this.
Under section 31(2), the signatures of a majority are enough if the reason for any omitted signature is stated, so the signing arrangement is a separate point.

Answer: The award is deemed made at Mumbai, the stated place of arbitration, regardless of where members signed.

Example 2

An award in a dispute between Sharma Traders Ltd and Kiran Foods Ltd is signed on 5 May. The tribunal gives a signed copy only to Sharma Traders, which won. Kiran Foods says it has not been served. Advise on the position and the date from which the sum carries interest if the award is silent.

Show the solution

Section 31(5) requires a signed copy to be delivered to each party, so delivery only to Sharma Traders is incomplete.
Kiran Foods should be served a signed copy personally or at its place of business or mailing address, as per section 3(1)(a).
Under section 3(2), it is deemed received on the day it is so delivered.
Interest: under section 31(7)(b), unless the award otherwise directs, the sum carries interest at two per cent higher than the current rate of interest prevalent on the date of award, from the date of award to the date of payment.
The date of award is stated in the award, so interest runs from that date, not from the date of delivery.

Answer: The tribunal must deliver a signed copy to Kiran Foods as well, and receipt is judged under section 3. If the award is silent, post-award interest runs from the date of award at two per cent above the current rate prevalent on that date.

Exam tips

Quote section 31(4) and 31(5) by number. Examiners reward the exact provision.
State the deeming rule for place in the same sentence as the rule on stating the place.
Always mention each party in delivery questions, and bring in section 3 for how receipt is judged.
Do not invent a limitation period. Link delivery to the challenge timeline in general terms and cite section 43 for the Limitation Act.
End case answers with a one-line conclusion and, where useful, a drafting point: state date and place clearly at the end of the award.

Practice questions from Preparation and Execution of Arbitral Award

Delivery, Date and Place of the Award: frequently asked questions

What does section 31(5) require after the award is made?

It requires that a signed copy of the award be delivered to each party. The duty is not limited to the winning party.

Must an arbitral award state its date and place?

Yes. Section 31(4) says the award shall state its date and the place of arbitration determined under section 20. The award is deemed made at that place.

When does limitation start for challenging an award?

The text of section 31 does not fix this. The limit for setting aside an award is in the challenge provision, and it is tied to receipt of the signed copy, so proper delivery matters. Section 43 applies the Limitation Act, 1963 to arbitrations.

How is delivery of the award treated as received?

Under section 3, unless the parties agree otherwise, it is deemed received if delivered personally or at the addressee's place of business, habitual residence or mailing address. It is deemed received on the day it is so delivered.