44. Definition.—In this Chapter, unless the context otherwise requires, “foreign award” means an
arbitral award on differences between persons arising out of legal relationships, whether contractual or
not, considered as commercial under the law in force in India, made on or after the 11th day of October,
1960—
(a) in pursuance of an agreement in writing for arbitration to which the Convention set forth in
the First Schedule applies, and
(b) in one of such territories as the Central Government, being satisfied that reciprocal provisions
have been made may, by notification in the Official Gazette, declare to be territories to which the said
Convention applies.
45. Power of judicial authority to refer parties to arbitration.—Notwithstanding anything
contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, when seized
of an action in a matter in respect of which the parties have made an agreement referred to in section 44,
shall, at the request of one of the parties or any person claiming through or under him, refer the parties to
arbitration,
2
[unless it prima facie finds] that the said agreement is null and void, inoperative or incapable
of being performed.
46. When foreign award binding.—Any foreign award which would be enforceable under this Chapter
shall be treated as binding for all purposes on the persons as between whom it was made, and may
accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal
proceedings in India and any references in this Chapter to enforcing a foreign award shall be construed as
including references to relying on an award.
1. Subs. by Act 3 of 2021, s. 3, for section 43J (w.e.f. 4-11-2020).
1. Subs. by Act 33 of 2019, s. 11, for “unless it finds” (w.e.f. 30-8-2019).
30
47. Evidence.—(1) The party applying for the enforcement of a foreign award shall, at the time of the
application, produce before the court—
(a) the original award or a copy thereof, duly authenticated in the manner required by the law of
the country in which it was made;
(b) the original agreement for arbitration or a duly certified copy thereof; and
(c) such evidence as may be necessary to prove that the award is a foreign award.
(2) If the award or agreement to be produced under sub-section (1) is in a foreign language, the party
seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic
or consular agent of the country to which that party belongs or certified as correct in such other manner as
may be sufficient according to the law in force in India.
1
[Explanation.—In this section and in the sections following in this Chapter, “Court” means the High
Court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award
if the same had been the subject-matter of a suit on its original civil jurisdiction and in other cases, in the
High Court having jurisdiction to hear appeals from decrees of courts subordinate to such High Court.]
48. Conditions for enforcement of foreign awards.—(1) Enforcement of a foreign award may be
refused, at the request of the party against whom it is invoked, only if that party furnishes to the court
proof that—
(a) the parties to the agreement referred to in section 44 were, under the law applicable to them,
under some incapacity, or the said agreement is not valid under the law to which the parties have
subjected it or, failing any indication thereon, under the law of the country where the award was
made; or
(b) the party against whom the award is invoked was not given proper notice of the appointment
of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(c) the award deals with a difference not contemplated by or not falling within the terms of the
submission to arbitration, or it contains decisions on matters beyond the scope of the submission to
arbitration:
Provided that, if the decisions on matters submitted to arbitration can be separated from those not
so submitted, that part of the award which contains decisions on matters submitted to arbitration may
be enforced; or
(d) the composition of the arbitral authority or the arbitral procedure was not in accordance with
the agreement of the parties, or, failing such agreement, was not in accordance with the law of the
country where the arbitration took place; or
(e) the award has not yet become binding on the parties, or has been set aside or suspended by a
competent authority of the country in which, or under the law of which, that award was made.
(2) Enforcement of an arbitral award may also be refused if the Court finds that—
(a) the subject-matter of the difference is not capable of settlement by arbitration under the
law of India; or
(b) the enforcement of the award would be contrary to the public policy of India.
2
[Explanation 1.—For the avoidance of any doubt, it is clarified that an award is in conflict with the
public policy of India, only if,—
(i) the making of the award was induced or affected by fraud or corruption or was in violation of
section 75 or section 81; or
1. Subs. by Act 3 of 2016, s. 21, for the Explanation (w.e.f. 23-10-2015).
2. Subs. by s. 22, ibid., for the Explanation (w.e.f. 23-10-2015).
31
(ii) it is in contravention with the fundamental policy of Indian law; or
(iii) it is in conflict with the most basic notions of morality or justice.
Explanation 2.—For the avoidance of doubt, the test as to whether there is a contravention with the
fundamental policy of Indian law shall not entail a review on the merits of the dispute.]
(3) If an application for the setting aside or suspension of the award has been made to a competent
authority referred to in clause (e) of sub-section (1) the Court may, if it considers it proper, adjourn the
decision on the enforcement of the award and may also, on the application of the party claiming
enforcement of the award, order the other party to give suitable security.
49. Enforcement of foreign awards.—Where the Court is satisfied that the foreign award is
enforceable under this Chapter, the award shall be deemed to be a decree of that Court.
50. Appealable orders.—(1) 1
[Notwithstanding anything contained in any other law for the time
being in force, an appeal] shall lie from the order refusing to—
(a) refer the parties to arbitration under section 45;
(b) enforce a foreign award under section 48,
to the court authorised by law to hear appeals from such order.
(2) No second appeal shall lie from an order passed in appeal under this section, but nothing in this
section shall affect or take away any right to appeal to the Supreme Court.
51. Saving.—Nothing in this Chapter shall prejudice any rights which any person would have had of
enforcing in India of any award or of availing himself in India of any award if this Chapter had not been
enacted.
52. Chapter II not to apply.—Chapter II of this Part shall not apply in relation to foreign awards to
which this Chapter applies.