Sections 49 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.
These four sections close Chapter I of Part II. Section 49 deems a foreign award, once the Court is satisfied that it is enforceable, to be a decree of that Court. Section 50 lists the orders that can be appealed and bars a second appeal. Section 51 saves other rights of enforcing or using an award, and section 52 says Chapter II does not apply to awards to which Chapter I applies. This article reads them as per the India Code consolidated text consulted.
Where the Court is satisfied that the foreign award is enforceable under Chapter I, the award is deemed to be a decree of that Court (section 49). An appeal lies from an order refusing to refer the parties to arbitration under section 45 or refusing to enforce a foreign award under section 48; no second appeal lies but the Supreme Court route is untouched (section 50). Chapter I does not prejudice other rights of enforcing or using an award (section 51), and Chapter II does not apply to awards to which Chapter I applies (section 52).
Where these sections sit
Section 49 follows the conditions in section 48; see our article on section 48. The definition of "foreign award" is in section 44; see section 44. If an award has been made against you or in your favour and a court order is in the way, our legal dispute resolution team can walk through the route.
Section 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."
Three elements:
- The Court must be satisfied. "Court" here carries the Explanation to section 47 (the High Court as described); see our article on sections 46 and 47.
- Enforceable under this Chapter. That brings in sections 44, 47 and 48.
- Deemed decree. The award "shall be deemed to be a decree of that Court".
The section has no footnote. It does not say what steps follow once the award is a decree. For the ordinary route for executing a decree, see our guide on execution of a decree; the text consulted does not connect section 49 to any particular procedure, and this article does not describe one. For the position of a domestic award, see our article on section 36, which provides for enforcement "in accordance with the provisions of the Code of Civil Procedure, 1908 ... in the same manner as if it were a decree of the court" once the time for a section 34 application has expired.
Section 50: appealable orders
Sub-section (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."
The footnote reads: "Subs. by Act 33 of 2019, s. 12, for 'An appeal' (w.e.f. 30-8-2019)." Act 33 of 2019 is the 2019 Amendment Act. So the opening words are shown as substituted, with the date printed as 30-8-2019. The footnote is printed at the foot of the page, inside the range of section 54.
Two orders are listed, both orders of refusal: refusing to refer the parties to arbitration under section 45 (see section 45) and refusing to enforce a foreign award under section 48. An order granting enforcement, or an order referring the parties, is not named in the printed list.
Sub-section (2): no second appeal
"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."
Section 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."
The section keeps intact the rights a person would have had of enforcing an award in India, or of availing himself of an award in India, if Chapter I had not been enacted. It does not list those rights. The text consulted is silent on what they are, and this article names none.
Section 52: Chapter II not to apply
"Chapter II of this Part shall not apply in relation to foreign awards to which this Chapter applies."
Chapter II covers Geneva Convention awards (sections 53 to 60), with its own definition of "foreign award" in section 53; see our article on sections 53 and 54. Section 52 settles which Chapter applies when an award would meet both definitions: if Chapter I applies, Chapter II does not.
Side by side: section 50 and section 37
| Point | Section 50 (foreign awards, Chapter I) | Section 37 (Part I) |
|---|---|---|
| Opening | "Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from the order refusing to—" | "Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from the following orders (and from no others)" |
| Orders | Refusing to refer under section 45; refusing to enforce under section 48 | Refusing to refer under section 8; granting or refusing a measure under section 9; setting aside or refusing to set aside an award under section 34; and two tribunal orders |
| Forum | The court authorised by law to hear appeals from such order | The Court authorised by law to hear appeals from original decrees of the Court passing the order |
| Second appeal | None; Supreme Court right unaffected | None; Supreme Court right unaffected |
| Footnote on opening words | Act 33 of 2019, s. 12 (w.e.f. 30-8-2019) | Act 33 of 2019, s. 8 (w.e.f. 30-8-2019) |
The words "(and from no others)" are in section 37(1) and are not in section 50(1) as printed. The article states each as printed. See our article on section 37.
Section 50 and the Geneva Convention Chapter
Section 59, in Chapter II, is the parallel appeal provision for Geneva Convention awards. It opens "An appeal shall lie from the order refusing—" with no "Notwithstanding" words and no 2019 footnote, while section 50 opens with the "Notwithstanding" words shown as substituted in 2019. Both are stated as printed; see our article on sections 58, 59 and 60.
An example
Harbour Retail LLP applies to the High Court to enforce a foreign award against an Indian distributor. The Court refuses enforcement on one of the section 48 grounds. Under section 50(1)(b), Harbour Retail has an appeal to the court authorised by law to hear appeals from that order. If that appeal is decided, section 50(2) bars a second appeal, but does not take away any right to appeal to the Supreme Court. Had the Court instead been satisfied that the award was enforceable, section 49 would deem the award a decree of that Court.
Need help after a refusal or an order?
Whether you are enforcing a foreign award or resisting one, the next step depends on the order passed. Our legal dispute resolution service can review the order and advise on the route.
Key takeaways
- Section 49: where the Court is satisfied that the foreign award is enforceable under Chapter I, it is deemed to be a decree of that Court.
- Section 50: an appeal lies from an order refusing to refer the parties to arbitration under section 45 or refusing to enforce under section 48.
- No second appeal lies from an order passed in appeal, but the right to appeal to the Supreme Court is not affected.
- Section 51 saves rights of enforcing or availing of an award that would exist if Chapter I had not been enacted.
- Section 52: Chapter II does not apply to foreign awards to which Chapter I applies.
Read next
- Sections 53 and 54: Geneva Convention awards, meaning and reference to arbitration
- Sections 58, 59 and 60: enforcement, appeals and saving for Geneva Convention awards
- Section 48: conditions for enforcement of foreign awards
- Section 36: enforcement of an 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.