First Schedule explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The First Schedule prints the Convention on the Recognition and Enforcement of Foreign Arbitral Awards in sixteen Articles. Section 44 refers to it when defining a "foreign award" in Chapter I of Part II. Articles I to VII carry the rules that matter for an award holder; Articles VIII to XVI are the Convention's closing provisions. This follows the India Code consolidated text consulted.
The Schedule is headed "(See section 44)". Article I sets the scope; Article II requires recognition of an agreement in writing and a reference to arbitration; Article III requires awards to be recognised as binding; Article IV lists the documents to supply; Article V lists the only grounds on which recognition and enforcement may be refused; Article VI allows adjournment and an order for suitable security; Article VII keeps other agreements and rights. Sections 45, 47 and 48 of the Act speak on the same subjects in the Act's own words.
What this article covers and what it leaves out
The Schedule is a treaty text printed inside the Act. This article summarises what the text says. It does not say which States are parties to the Convention, what reservations or declarations India or any other State has made, or which territories the Central Government has notified under section 44(b): none of that is in the text consulted. Article I(3) speaks of declarations a State "may" make; we describe the words and nothing about any actual declaration. If you need to check whether an award from a particular country can be enforced in India, our arbitration support team can look at the facts with you.
How the Schedule connects to the Act
Section 44 defines a "foreign award" for Chapter I as 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, in pursuance of an agreement in writing for arbitration to which the Convention set forth in the First Schedule applies, and in a territory notified by the Central Government on reciprocity. See our article on section 44.
| Act provision | Subject | Related Article of the First Schedule |
|---|---|---|
| Section 44 | Definition of "foreign award" | Articles I and II |
| Section 45 | Judicial authority refers parties to arbitration | Article II(3) |
| Section 46 | When a foreign award is binding | Article III |
| Section 47 | Evidence to be produced | Article IV |
| Section 48 | Conditions for enforcement | Article V, with Article VI on adjournment |
Our articles on section 45, sections 46 and 47 and section 48 set out the Act's own words.
Article I: scope
- The Convention applies to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where recognition and enforcement are sought, and arising out of differences between persons, whether physical or legal. It also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought.
- "Arbitral awards" include not only awards made by arbitrators appointed for each case but also those made by permanent arbitral bodies to which the parties have submitted.
- When signing, ratifying or acceding to the Convention, or notifying extension under Article X, a State may, on the basis of reciprocity, declare that it will apply the Convention only to awards made in the territory of another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, considered as commercial under its national law.
Printing note: the heading reads "ARTICLE 1", with a digit, while the other Articles use Roman numerals. It is quoted as printed.
Article II: agreement in writing and reference to arbitration
- Each Contracting State shall recognise an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or may arise between them in respect of a defined legal relationship, whether contractual or not, concerning a subject-matter capable of settlement by arbitration.
- "Agreement in writing" includes an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams.
- The court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of the Article, shall, at the request of one of the parties, refer the parties to arbitration, "unless in finds that the said agreement is null and void, inoperative of incapable of being performed".
Printing note: Article II(3) reads "unless in finds" and "inoperative of incapable", as printed. Compare section 45 of the Act, which uses "unless it prima facie finds" (footnote: substituted by Act 33 of 2019, s. 11, w.e.f. 30-8-2019).
Article III: recognition as binding
Each Contracting State shall recognise arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following Articles. There shall not be imposed substantially more onerous conditions or higher fees or charges on recognition or enforcement of awards to which the Convention applies than are imposed on domestic arbitral awards.
Article IV: documents to be supplied
- The party applying shall, at the time of the application, supply:
- (a) the duly authenticated original award or a duly certified copy; and
- (b) the original agreement referred to in Article II or a duly certified copy.
- If the award or agreement is not in an official language of the country in which the award is relied upon, the applicant shall produce a translation into that language, certified by an official or sworn translator or by a diplomatic or consular agent.
Section 47 of the Act asks for the original award or a copy duly authenticated in the manner required by the law of the country in which it was made, the original agreement or a duly certified copy, such evidence as may be necessary to prove that the award is a foreign award, and a translation into English where the document is in a foreign language.
Article V: grounds of refusal
Article V(1) says recognition and enforcement may be refused, at the request of the party against whom it is invoked, only if that party furnishes proof to the competent authority that:
| Clause | Ground |
|---|---|
| (a) | The parties were, under the law applicable to them, under some incapacity, or the agreement is not valid under the law to which the parties subjected it or, failing indication, under the law of the country where the award was made |
| (b) | The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings, or was otherwise unable to present his case |
| (c) | The award deals with a difference not contemplated by or not falling within the terms of the submission, or contains decisions beyond its scope; if separable, the part on matters submitted may be recognised and enforced |
| (d) | The composition of the arbitral authority or the arbitral procedure was not in accordance with the parties' agreement or, failing it, with the law of the country where the arbitration took place |
| (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, it was made |
Article V(2) says recognition and enforcement may also be refused if the competent authority in the country where recognition and enforcement is sought finds that (a) the subject-matter of the difference is not capable of settlement by arbitration under the law of that country, or (b) recognition or enforcement would be contrary to the public policy of that country.
Section 48(1) and (2) of the Act set out grounds in similar form, with the proviso on separable decisions in clause (c) and the Court's own findings in sub-section (2), and Explanations 1 and 2 on public policy. See our post on section 34 for the corresponding set-aside grounds in Part I.
Article VI: adjournment and security
If an application for setting aside or suspension of the award has been made to a competent authority referred to in Article V(1)(e), the authority before which the award is sought to be relied upon may, if it considers it proper, adjourn the decision on enforcement and may also, on the application of the party claiming enforcement, order the other party to give suitable security.
Article VII: other agreements and rights
- The Convention does not affect the validity of multilateral or bilateral agreements on recognition and enforcement of awards entered into by Contracting States, nor deprive any interested party of any right to avail himself of an award in the manner and to the extent allowed by the law or treaties of the country where the award is sought to be relied upon.
- The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their becoming bound, and to the extent that they become bound, by the Convention.
Printing notes: Article VII(1) reads "any right the may have"; Article VII(2) reads "of1927". Both as printed. For the Geneva instruments, see our article on the Second and Third Schedules and section 52, which says Chapter II of Part II does not apply to foreign awards to which Chapter I applies.
Articles VIII to XVI in one table
| Article | Subject, in brief |
|---|---|
| VIII | Open for signature until 31st December, 1958 on behalf of listed categories of States; ratification instruments deposited with the Secretary-General of the United Nations |
| 1X (printed so) | Open for accession to all States referred to in Article VIII; accession by deposit with the Secretary-General |
| X | Territorial extension by declaration at signature, ratification or accession, or later by notification, taking effect from the ninetieth day after receipt (or entry into force for the State, whichever is later); each State to consider extension to other territories |
| XI | Federal or non-unitary States: obligations of the federal Government; recommendation to constituent States or provinces; statement of law and practice on request |
| XII | In force on the ninetieth day after deposit of the third instrument of ratification or accession; for later States, on the ninetieth day after their deposit |
| XIII | Denunciation by written notification, effective one year after receipt; cessation of territorial extension one year after receipt; continued application to proceedings begun before denunciation takes effect |
| XIV | A Contracting State may not avail itself of the Convention against other Contracting States except to the extent it is itself bound |
| XV | The Secretary-General notifies States of signatures, ratifications, accessions, declarations, entry into force and denunciations |
| XVI | Chinese, English, French, Russian and Spanish texts equally authentic; deposited in the archives of the United Nations; certified copy to States |
Printing note: Article XV speaks of "the States contemplated in article VIII" while Article XVI(2) speaks of "the States contemplated in article XIII", as printed.
Need help with a foreign award?
The Schedule and the Act together set the conditions for a New York Convention award. Which of them applies to a particular award turns on its date, its place of making and the agreement. Our arbitration support team can review the award and the arbitration agreement and set out what is needed before you apply. For broader reading, see our guides on enforcing a foreign arbitral award in India and international commercial arbitration under Part II.
Key takeaways
- The First Schedule prints the New York Convention, Articles I to XVI, and is headed "(See section 44)".
- Article II requires recognition of an agreement in writing and a reference to arbitration, subject to the stated exceptions.
- Article IV lists the documents and the certified translation to be supplied.
- Article V lists the only grounds of refusal; Article VI allows adjournment and an order for suitable security.
- Sections 45, 47 and 48 of the Act speak on the same subjects.
- The text consulted names no State as a party and gives no list of notified territories.
Read next
- Section 44: foreign award under the New York Convention
- Section 48: conditions for enforcement of foreign awards
- Second and Third Schedules: Geneva Protocol and Geneva Convention
- Section 36: enforcement of the arbitral award and stay
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.