Second and Third Schedules 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 Second Schedule prints the Protocol on Arbitration Clauses in eight paragraphs. The Third Schedule prints the Convention on the Execution of Foreign Arbitral Awards in eleven Articles. Both are headed "(See section 53)" and both sit behind Chapter II of Part II, which deals with Geneva Convention awards. This follows the India Code consolidated text consulted.
Section 53 defines a Chapter II "foreign award" by reference to the Protocol set forth in the Second Schedule and the Convention set forth in the Third Schedule. The Protocol deals with recognising arbitration agreements, the arbitral procedure and the reference of parties to arbitrators. The Convention deals with recognising and enforcing awards (Article 1), mandatory refusal grounds (Article 2), other contests (Article 3), documents (Article 4) and the closing provisions (Articles 5 to 11). The text prints no list of the Powers covered by either instrument.
What this article covers and leaves out
These are treaty texts printed in the Act. The text consulted does not say which States are parties, and the notifications under section 53 are not in it. The Protocol and Convention refer to the League of Nations and to "colonies, protectorates" and "mandate" as part of their original wording; we quote them as printed and say nothing of current status. If you need to know whether an award can be treated as a Chapter II award, our arbitration support team can look at the facts with you.
How the Schedules connect to the Act
Section 53 defines a "foreign award" for Chapter II as an arbitral award on differences considered 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 Powers declared by notification to be parties to the Convention in the Third Schedule, and in a territory so declared. See our article on sections 53 and 54.
| Act provision | Subject | Related Schedule text |
|---|---|---|
| Section 53 | Definition of "foreign award" | Second Schedule (Protocol) and Third Schedule (Convention) |
| Section 54 | Reference to arbitration | Second Schedule, paragraph 4 |
| Section 55 | When a foreign award is binding | Third Schedule, Article 1(1) |
| Section 56 | Evidence to be produced | Third Schedule, Article 4 |
| Section 57 | Conditions for enforcement | Third Schedule, Articles 1 to 3 |
See also our articles on sections 55 and 56 and section 57.
Second Schedule: Protocol on Arbitration Clauses
The Protocol begins with the undersigned, "being duly authorised", accepting the provisions that follow on behalf of the countries they represent.
| Paragraph | What it provides |
|---|---|
| 1 | Each Contracting State recognises the validity of an agreement, relating to existing or future differences between parties subject to the jurisdiction of different Contracting States, to submit to arbitration differences in connection with a contract relating to commercial matters or any other matter capable of settlement by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the parties is subject. Each State reserves the right to limit this to contracts considered commercial under its national law, and to notify the Secretary-General of the League of Nations |
| 2 | The arbitral procedure, including constitution of the Arbitral Tribunal, is governed by the will of the parties and the law of the country where the arbitration takes place; the States agree to facilitate steps required in their territories |
| 3 | Each Contracting State undertakes to ensure the execution by its authorities, in accordance with its national laws, of arbitral awards made in its own territory under the preceding articles |
| 4 | The Tribunals of the Contracting Parties, seized of a dispute on a contract between persons to whom "Article I" applies and including a valid arbitration agreement capable of being carried into effect, shall refer the parties, on the application of either, to the Arbitrators; the reference does not prejudice the competence of the judicial tribunals if the agreement or arbitration cannot proceed or becomes inoperative |
| 5 | Open for signature by all States; to be ratified; ratification deposited with the Secretary-General of the League of Nations, who notifies the Signatory States |
| 6 | In force when two ratifications have been deposited; then one month after notification of each State's deposit |
| 7 | May be denounced on one year's notice, by notification to the Secretary-General; effect one year after notification, only for the notifying State |
| 8 | States may declare that acceptance does not include colonies, overseas possessions, territories, protectorates or mandated territories; later separate adherence and separate denunciation, with Article 7 applying |
Printing notes. Paragraph 4 speaks of "Article I", though the Protocol is divided into numbered paragraphs; as printed. The last line of paragraph 8 reads "Article 7applies", with the space missing; as printed. Section 54 of the Act, which deals with the same reference, begins "Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908".
Third Schedule: Convention on the Execution of Foreign Arbitral Awards
Article 1: recognition and conditions
Article 1(1): in the territories of any High Contracting Party to which the Convention applies, an arbitral award made in pursuance of a submission to arbitration covered by the Protocol on Arbitration Clauses opened at Geneva on September 24th, 1923 shall be recognised as binding and enforced in accordance with the rules of procedure of the territory where the award is relied upon, provided that it was made in a territory of one of the High Contracting Parties to which the Convention applies and between persons subject to the jurisdiction of one of the High Contracting Parties.
Article 1(2) adds that it is further necessary:
| Clause | Condition |
|---|---|
| (a) | The award was made under a submission to arbitration valid under the law applicable thereto |
| (b) | The subject-matter is capable of settlement by arbitration under the law of the country where the award is sought to be relied upon |
| (c) | The award was made by the Arbitral Tribunal provided for in the submission or constituted as agreed and in conformity with the law governing the arbitration procedure |
| (d) | The award has become final in the country where made: not final if open to opposition, appeal or pourvoi en cassation (where such procedure exists) or if proceedings to contest its validity are pending |
| (e) | Recognition or enforcement is not contrary to the public policy or the principles of the law of the country where relied upon |
Section 57(1)(a) to (e) of the Act lists five conditions in the same order, in the Act's own words; for example, clause (b) there refers to the law of India where Article 1(2)(b) refers to the law of the country in which the award is sought to be relied upon.
Article 2: refusal where the Court is satisfied
Even if the Article 1 conditions are fulfilled, recognition and enforcement shall be refused if the Court is satisfied that (a) the award has been annulled in the country where it was made; (b) the party against whom it is used was not given notice of the arbitration in sufficient time to present his case, or, being under a legal incapacity, was not properly represented; (c) the award does not deal with the differences contemplated by, or falling within the terms of, the submission, or contains decisions beyond its scope.
A closing paragraph says that if the award has not covered all the questions submitted, the competent authority can, if it thinks fit, postpone recognition or enforcement or grant it subject to such security as that authority may decide. (The Article's own word for the security is paraphrased here.) Section 57(2) of the Act has a proviso on the same point, and is paraphrased in our article on section 57.
Article 3: other grounds to contest
If the party against whom the award was made proves that, under the law governing the arbitration procedure, there is a ground, other than those in Article 1(a) and (c) and Article 2(b) and (c), entitling him to contest validity in a Court of Law, the Court may, if it thinks fit, refuse recognition or enforcement or adjourn consideration, giving a reasonable time to have the award annulled by the competent tribunal. Printing note: "there is aground", as printed.
Article 4: documents
The party relying on an award must supply, in particular: (1) the original award or a duly authenticated copy; (2) evidence that the award has become final in the sense of Article 1(d); (3) when necessary, evidence that the conditions in Article 1(1) and (2)(a) and (c) have been fulfilled. A translation into the official language of the country where the award is relied upon may be demanded, certified correct by a diplomatic or consular agent of the party's country or by a sworn translator of the country where the award is relied upon.
Articles 5 to 11
| Article | Subject, in brief |
|---|---|
| 5 | The Articles do not deprive any interested party of the right to avail himself of an award in the manner and to the extent allowed by the law or treaties of the country where it is relied upon |
| 6 | Applies only to awards made after the coming into force of the Protocol of 1923 |
| 7 | Open to signature by signatories of the Protocol; may be ratified only for those on whose behalf the Protocol was ratified; deposit with the Secretary-General of the League of Nations |
| 8 | In force three months after ratification on behalf of two High Contracting Parties; later, three months after each deposit |
| 9 | Denunciation by written notice to the Secretary-General; effect one year after it reaches him, only for the notifying Party; denunciation of the Protocol entails denunciation of the Convention |
| 10 | Does not apply to colonies, protectorates or mandated territories unless specially mentioned; extension by declaration, effective three months after deposit; separate denunciation |
| 11 | A certified copy to be transmitted by the Secretary-General of the League of Nations |
Printing notes: Article 3, "aground"; Article 7, "shall have been ratified"; Article 9, "certified to be inconformity"; Article 10, "Article 9 hereof applied"; Article 11, "transmitted by the Secretary-General of the League of Nations of every Member", all as printed.
Beside the New York Convention
Section 52 of the Act says Chapter II of Part II shall not apply in relation to foreign awards to which Chapter I applies. Chapter I is tied to the First Schedule; see our article on the First Schedule.
Need help with a Geneva Convention award?
Whether a particular award falls under Chapter II or Chapter I turns on its date, its place of making and the parties. Our arbitration support team can review the award and agreement and set out the route. For wider reading, see our guide on enforcing a foreign arbitral award in India.
Key takeaways
- The Second Schedule prints the Protocol on Arbitration Clauses (paragraphs 1 to 8); the Third Schedule prints the Convention on the Execution of Foreign Arbitral Awards (Articles 1 to 11).
- Both are headed "(See section 53)".
- Article 1 of the Convention sets conditions that run parallel to section 57(1); Article 2 lists refusal grounds.
- Article 4 lists the documents; Articles 5 to 11 are closing provisions.
- The text consulted lists no Powers or territories.
Read next
- Sections 53 and 54: Geneva Convention awards, meaning and reference to arbitration
- Section 57: conditions for enforcement of Geneva Convention awards
- First Schedule: the New York Convention on foreign arbitral awards
- International commercial arbitration under Part II
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.