stay

A stay keeps things as they are without deciding the dispute. It may suspend a whole proceeding (as when a later suit is stayed under Section 10 CPC), or the execution of a decree pending appeal (Order XLI Rule 5 CPC), or the operation of an order under challenge. The court considers prima facie merits, balance of convenience and hardship, and may impose conditions such as deposit of money.

A stay differs from setting aside: the stayed order revives when the stay ends. Since the 2015 amendment, filing a challenge under Section 34 does not by itself stay an arbitral award; a separate application under Section 36 is needed.

Example

The appellate court granted a conditional stay of execution of the money decree on deposit of half the decretal amount.

In Indian law

• Section 10 and Order XLI, Rule 5, Code of Civil Procedure, 1908
• Section 36(2) and (3), Arbitration and Conciliation Act, 1996 (stay of award, as amended in 2015)

See also

set aside · res sub judice · execution · status quo

Read more in the study notes

• Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Arbitration: meaning, kinds and salient features of the 1996 Act (Alternative Dispute Resolution Systems)
• Arbitral award and setting aside under section 34 (Alternative Dispute Resolution Systems)
• Enforcement of arbitral awards and foreign awards (Alternative Dispute Resolution Systems)