International Commercial Arbitration 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.
Part II of the Act is headed "Enforcement of certain foreign awards". It tells an Indian court when to send parties to an arbitration covered by an international convention and when to enforce the award that results. This overview takes its two Chapters in outline, as per the India Code consolidated text consulted, and links the section-wise article for each provision; later amendments should be checked. If you hold an award made abroad, or face one, our legal dispute resolution team can check which Chapter applies.
"International commercial arbitration" is defined in section 2(1)(f), in Part I. If such an arbitration has its place in India, Part I applies and the award is a domestic award (section 2(2), (7)). Part II deals with foreign awards as it defines them: Chapter I for New York Convention awards (sections 44 to 52) and Chapter II for Geneva Convention awards (sections 53 to 60). In both Chapters a court that is satisfied the award is enforceable treats it as a decree (sections 49 and 58).
International commercial arbitration and Part II are not the same thing
Section 2(1)(f) defines an international commercial arbitration as one relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India, where at least one party is a foreign national or habitual resident, a body corporate incorporated outside India, an association or body of individuals whose central management and control is exercised outside India, or the Government of a foreign country.
Where it applies depends on the place of arbitration:
- Place in India. Part I applies (section 2(2)), with some special rules for international cases, such as appointment by the Supreme Court under section 11(12)(a) and the rules of law in section 28(1)(b).
- Place outside India. The proviso to section 2(2) applies sections 9, 27 and clause (a) of sub-section (1) and sub-section (3) of section 37 to an international commercial arbitration even if the place is outside India, subject to an agreement to the contrary, where the award is enforceable and recognised under Part II. The award itself is dealt with in Part II.
See section 2: definitions and scope of Part I.
Chapter I: New York Convention awards (sections 44 to 52)
Section 44, definition. A "foreign award" is 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 in the First Schedule applies, and (b) in one of such territories as the Central Government, being satisfied that reciprocal provisions have been made, declares by notification to be territories to which the Convention applies. The text consulted prints no list of notified territories. See section 44.
Section 45, reference to arbitration. A judicial authority seized of an action in a matter covered by such an agreement shall, at the request of a party or any person claiming through or under him, refer the parties to arbitration unless it prima facie finds that the agreement is null and void, inoperative or incapable of being performed. The footnote shows "unless it prima facie finds" as substituted by Act 33 of 2019, s. 11, with effect from 30-8-2019. See section 45.
Sections 46 and 47, binding effect and evidence. An enforceable foreign award is binding for all purposes on the persons between whom it was made and may be relied on by way of defence, set off or otherwise. The party applying for enforcement produces the original award or a duly authenticated copy, the original agreement or a duly certified copy, and evidence that the award is a foreign award, with a certified English translation where needed. See sections 46 and 47.
Section 48, conditions for enforcement. Enforcement may be refused only on the grounds listed: five that the party resisting must prove (section 48(1)(a) to (e)) and two that the Court finds (section 48(2)), with Explanations on public policy that mirror section 34. See section 48.
Sections 49 to 52. Where the Court is satisfied that the award is enforceable, it is deemed to be a decree of that Court (section 49). An appeal lies from an order refusing to refer the parties under section 45 or to enforce under section 48 (section 50). Section 51 saves existing rights, and section 52 says Chapter II does not apply to awards to which Chapter I applies. See sections 49 to 52.
Chapter II: Geneva Convention awards (sections 53 to 60)
Section 53, interpretation. Here a "foreign award" is an award on differences relating to matters considered as commercial under the law in force in India, made after the 28th day of July, 1924, in pursuance of an agreement to which the Protocol in the Second Schedule applies, between persons subject to the jurisdiction of different Powers notified as parties to the Convention in the Third Schedule, and in a notified territory. An award is not deemed final if proceedings contesting its validity are pending in the country in which it was made.
Section 54 requires a judicial authority to refer the parties to the decision of the arbitrators. See sections 53 and 54.
Sections 55 and 56 repeat the rule on binding effect and list the evidence: the award or an authenticated copy, evidence that the award has become final, and evidence that the conditions in clauses (a) and (c) of section 57(1) are satisfied.
Section 57 is framed the other way round from section 48. It first lists conditions that must be met for the award to be enforceable (section 57(1)(a) to (e)) and then grounds on which enforcement shall be refused (section 57(2)). Where the award has not covered all the differences submitted, the Court may postpone enforcement or grant it subject to such security as it may decide; the Act's own word there is paraphrased. See section 57.
Sections 58 to 60 deem the enforceable award a decree of the Court, provide an appeal from an order refusing to refer under section 54 and to enforce under section 57, and save existing rights. See sections 58 to 60.
The two Chapters side by side
| Point | Chapter I (New York) | Chapter II (Geneva) |
|---|---|---|
| Sections | 44 to 52 | 53 to 60 |
| Instrument | Convention in the First Schedule | Protocol in the Second Schedule and Convention in the Third Schedule |
| Date in the definition | Made on or after the 11th day of October, 1960 | Made after the 28th day of July, 1924 |
| Reference to arbitration | Section 45 | Section 54 |
| Evidence | Section 47 | Section 56 |
| Conditions | Section 48: enforcement may be refused only if a listed ground is made out | Section 57: listed conditions must be met, and listed grounds require refusal |
| Award as decree | Section 49 | Section 58 |
| Appeal | Section 50, opening "Notwithstanding anything contained in any other law for the time being in force" | Section 59, opening "An appeal shall lie" |
| Which Court | Explanation to section 47 | Explanation to section 56 |
Both Explanations define "Court" as the High Court having original jurisdiction to decide the questions forming the subject-matter of the award if they had been the subject-matter of a suit on its original civil jurisdiction and, in other cases, the High Court having jurisdiction to hear appeals from decrees of courts subordinate to it. Both are shown as substituted by Act 3 of 2016 with effect from 23-10-2015.
What the text does not print
The text consulted prints no notification of reciprocating territories under section 44 or section 53 and no list of the States that are parties to either instrument. Whether a given country is covered must be checked from the notifications. The Conventions themselves are printed: see the First Schedule and the Second and Third Schedules.
Printing points in the text
- Section 57(3) prints "there is aground" and "(2)entitling".
- The footnotes to section 43J and to section 45, on the same page, are both numbered 1.
An example
Yamuna Exports obtains an award against a buyer in an arbitration held abroad and wants to enforce it against the buyer's assets in India. The first questions under section 44 are whether the award was made on or after the 11th day of October, 1960 in pursuance of a written arbitration agreement to which the Convention applies, and whether the territory where it was made has been notified. If so, Yamuna prepares the documents listed in section 47, and the buyer may resist only on the grounds in section 48.
Need help with a foreign award?
Enforcement turns on the documents in section 47 or 56 and the grounds in section 48 or 57. Our legal dispute resolution service checks the award, the arbitration agreement and the translations, and advises on the application to the High Court.
Key takeaways
- International commercial arbitration is defined in Part I; Part II is about foreign awards as sections 44 and 53 define them.
- Chapter I covers New York Convention awards, Chapter II Geneva Convention awards, and section 52 gives Chapter I priority.
- Both definitions depend on notifications that are not printed in the text consulted.
- An enforceable foreign award is deemed a decree (sections 49 and 58).
- Refusal grounds are listed in sections 48 and 57.
Read next
- Enforcing a foreign arbitral award in India
- Section 36 and cross-border award enforcement
- Sections 55 and 56: Geneva Convention award, when binding and evidence
- Introduction to the Arbitration and Conciliation Act, 1996
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.