Sections 46 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.
Section 46 treats a foreign award that would be enforceable under Chapter I of Part II as binding for all purposes on the persons between whom it was made, and allows it to be relied on as a defence or set-off. Section 47 lists the documents the party applying for enforcement must produce with the application, requires an English translation of any foreign-language document, and carries an Explanation of "Court". This article reads both as per the India Code consolidated text consulted.
A foreign award enforceable under Chapter I 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 in any legal proceedings in India (section 46). The party applying for enforcement must produce at the time of the application the authenticated original award or a copy, the original arbitration agreement or a certified copy, and evidence that the award is a foreign award, with a certified English translation of anything in a foreign language (section 47). "Court" means the High Court as the Explanation describes.
Where these sections sit
Both are in Part II, Chapter I (New York Convention Awards). The definition of "foreign award" is in section 44; see our article on section 44. Section 45 deals with reference to arbitration (see section 45), and section 48 sets the conditions on which enforcement may be refused (see section 48). If you are preparing an enforcement application, our arbitration support team can go through the papers with you. For the wider topic, see our guide on enforcing a foreign arbitral award in India.
Section 46: when a foreign award is 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."
Three points follow from the words:
- The test is enforceability under Chapter I. The award must be one "which would be enforceable under this Chapter".
- Binding for all purposes between the parties. The effect runs between "the persons as between whom it was made".
- Relying includes defending. A person may rely on the award "by way of defence, set off or otherwise in any legal proceedings in India". The last sentence of the section widens every reference in the Chapter to "enforcing" so that it includes "relying on".
The section does not say anything about a deadline for relying on the award, and the text consulted is silent on it.
Section 47: evidence
Sub-section (1): what to produce
"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."
The text consulted prints sub-section (1) across a page break, with blank lines between the opening words and clause (a); nothing is missing. In plain terms:
| Clause | Document or proof | Standard |
|---|---|---|
| (a) | The original award or a copy | "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 copy | "Duly certified" |
| (c) | Evidence that the award is a foreign award | "Such evidence as may be necessary" |
The timing matters. The documents are to be produced "at the time of the application", not later.
Clause (c) links back to section 44. The evidence must show that the award meets the definition: the commercial character of the relationship, the date, the agreement under the First Schedule and the territory notified. The text consulted does not give a checklist, and this article does not add one.
Sub-section (2): translation into English
"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."
Two routes are given: certification by a diplomatic or consular agent of the country to which the party belongs, or "such other manner as may be sufficient according to the law in force in India". The text consulted does not list the other manners, and this article does not.
The Explanation: "Court"
The Explanation reads: 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, the High Court having jurisdiction to hear appeals from decrees of courts subordinate to that High Court.
The footnote reads: "Subs. by Act 3 of 2016, s. 21, for the Explanation (w.e.f. 23-10-2015)." Act 3 of 2016 is the Arbitration and Conciliation (Amendment) Act, 2015. This Explanation is for Chapter I from section 47 onwards. It is separate from the definition of "Court" in section 2(1)(e) for Part I; see our article on section 42 for the Part I position. Section 47(1) says "produce before the court" in lower case, while the Explanation speaks of "Court" in capitals; the text is printed as it stands.
Article IV of the First Schedule beside section 47
Article IV of the Convention in the First Schedule says that, to obtain recognition and enforcement, the party applying shall, at the time of the application, supply (a) the duly authenticated original award or a duly certified copy thereof, and (b) the original agreement referred to in Article II or a duly certified copy thereof. If either is not in an official language of the country in which the award is relied upon, a translation into such language is to be produced, certified by an official or sworn translator or by a diplomatic or consular agent.
| Point | Section 47 | Article IV of the First Schedule |
|---|---|---|
| Award | Original or copy, duly authenticated under the law of the country where made | Duly authenticated original or duly certified copy |
| Agreement | Original or duly certified copy | Original agreement referred to in Article II or duly certified copy |
| Additional proof | Evidence that the award is a foreign award (clause (c)) | Not listed |
| Translation | Into English, certified by a diplomatic or consular agent of the party's country or in another sufficient manner | Into the official language of the country where the award is relied upon, certified by an official or sworn translator or a diplomatic or consular agent |
The two are set side by side as printed. The article reconciles nothing. See our article on the First Schedule.
Procedure after production
Section 47 sits between section 46 (binding effect) and section 48 (grounds for refusal). It does not provide a time within which the Court must decide, and it does not describe a hearing. The next steps in the Chapter are section 48 and then section 49, under which, where the Court is satisfied that the foreign award is enforceable under the Chapter, the award is deemed to be a decree of that Court. See our article on sections 49 to 52.
An example
Harbour Retail LLP obtains an award abroad against an Indian distributor, with the award and the agreement in a foreign language. To enforce it, Harbour Retail prepares, for filing with the application in the High Court described in the Explanation: the award (original or an authenticated copy), the arbitration agreement (original or certified copy), and evidence that the award is a foreign award. Both foreign-language documents are accompanied by an English translation certified as correct by a diplomatic or consular agent of the country to which Harbour Retail belongs, or in another manner sufficient under the law in force in India. Section 47(1) asks for all of this at the time of the application.
Need help preparing an enforcement filing?
Section 47 asks for specific papers at the time of the application. Our arbitration support service can check authentication, certification and translation against section 47 before you file.
Key takeaways
- A foreign award enforceable under Chapter I is binding for all purposes on the persons between whom it was made (section 46).
- It may be relied on as defence, set off or otherwise in any legal proceedings in India; references to enforcing include relying.
- At the time of the application, produce the authenticated award, the agreement, and evidence that the award is a foreign award (section 47(1)).
- Foreign-language documents need an English translation certified by a diplomatic or consular agent or in another sufficient manner (section 47(2)).
- "Court" in section 47 and the following sections of the Chapter is as the Explanation describes (footnote: Act 3 of 2016, s. 21).
Read next
- Section 48: conditions for enforcement of foreign awards
- Sections 55 and 56: Geneva Convention award, binding effect and evidence
- Section 45: power of a judicial authority to refer parties to arbitration
- Execution petition: decree enforcement procedure
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.