Sections 55 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 55 treats a foreign award that would be enforceable under Chapter II as binding for all purposes between the persons for whom it was made, and allows it to be relied on as a defence or set-off. Section 56 lists what a party applying to enforce it must produce, which differs from Chapter I in one respect: it asks for evidence that the award has become final. This article reads both as per the India Code consolidated text consulted.
A foreign award enforceable under Chapter II is binding for all purposes between the persons for whom it was made and may be relied on by way of defence, set off or otherwise (section 55). The party applying to enforce must produce, at the time of application, the authenticated original award or a copy, evidence proving that the award has become final, and evidence that the conditions in clauses (a) and (c) of section 57(1) are satisfied, with a certified English translation of any foreign-language document (section 56). "Court" means the High Court as the Explanation describes.
Where these sections sit
Both are in Part II, Chapter II (Geneva Convention Awards). Section 53 defines "foreign award" for the Chapter and section 54 deals with reference to arbitration; see our article on sections 53 and 54. Section 57 sets the conditions for enforcement; see section 57. The Chapter's counterparts in Chapter I are sections 46 and 47; see sections 46 and 47. If you hold an award and want help assembling the papers, our arbitration support team can go through them.
Section 55: foreign awards when 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."
The words are the same as those of section 46 for Chapter I, with "this Chapter" now meaning Chapter II. Three points:
- The test is whether the award "would be enforceable under this Chapter".
- It is "binding for all purposes" between the persons for whom it was made.
- "Relying" covers defence, set-off or otherwise, and every reference in the Chapter to enforcing includes relying.
The section states no time limit for relying on the award.
Section 56: evidence
Sub-section (1): what to produce
"The party applying for the enforcement of a foreign award shall, at the time of 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) evidence proving that the award has become final; and (c) such evidence as may be necessary to prove that the conditions mentioned in clauses (a) and (c) of sub-section (1) of section 57 are satisfied."
| Clause | Item | Detail |
|---|---|---|
| (a) | The award | Original or copy, duly authenticated in the manner required by the law of the country where made |
| (b) | Finality | Evidence proving that the award has become final |
| (c) | Section 57 conditions | Evidence that the conditions in clauses (a) and (c) of section 57(1) are satisfied |
Clauses (a) and (c) of section 57(1) are, as printed: (a) the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto; and (c) the award has been made by the arbitral tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure. See our article on section 57. Section 53 also says an award is not deemed final for this Chapter if proceedings to contest its validity are pending in the country where it was made.
Sub-section (2): translation
"Where any document requiring 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."
The Explanation: "Court"
The Explanation says that 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 such High Court. The footnote reads: "Subs. by Act 3 of 2016, s. 23, for the Explanation (w.e.f. 23-10-2015)". Act 3 of 2016 is the Arbitration and Conciliation (Amendment) Act, 2015. The footnote is printed at the foot of the page, together with the footnote to the Explanations to section 57.
Section 56 beside section 47
| Point | Section 47 (Chapter I) | Section 56 (Chapter II) |
|---|---|---|
| Timing | At the time of the application | At the time of application |
| Award | Original or copy, duly authenticated under the law of the country where made | Original or copy, duly authenticated under the law of the country where made |
| Agreement | Original agreement for arbitration or duly certified copy (clause (b)) | Not listed |
| Finality | Not listed | Evidence proving that the award has become final (clause (b)) |
| Other proof | Evidence necessary to prove that the award is a foreign award (clause (c)) | Evidence necessary to prove that the conditions in clauses (a) and (c) of section 57(1) are satisfied (clause (c)) |
| Translation | Into English, certified by a diplomatic or consular agent of the party's country or in another sufficient manner | Same wording for "any document requiring to be produced under sub-section (1)" |
| Explanation of "Court" | Footnote: Act 3 of 2016, s. 21 | Footnote: Act 3 of 2016, s. 23 |
The two are set side by side as printed. The article reconciles nothing and draws no inference from the differences.
An example
Harbour Retail LLP holds an award made abroad that it believes falls within section 53. To apply under Chapter II, it files in the High Court described in the Explanation: the award (original or authenticated copy), evidence proving that the award has become final in the country where it was made, and evidence that the award was made under a submission valid under the applicable law and by the tribunal provided for in the submission or constituted as agreed and in conformity with the law governing the procedure. If the award is in a foreign language, an English translation certified as in sub-section (2) goes with it. Section 56 does not say that the arbitration agreement itself must be filed; section 47 does for Chapter I.
Need help assembling the papers?
Section 56 asks for particular proofs at the time of the application, and the finality proof depends on the law of the country where the award was made. Our arbitration support service can review what you hold against the section.
Key takeaways
- Section 55: a foreign award enforceable under Chapter II is binding for all purposes between the persons for whom it was made and can be relied on as defence, set-off or otherwise.
- Section 56(1): produce the authenticated award, evidence that it has become final, and evidence of the conditions in section 57(1)(a) and (c), at the time of the application.
- Foreign-language documents need a certified English translation.
- "Court" in section 56 and the sections following in the Chapter is the High Court as the Explanation describes (footnote: Act 3 of 2016, s. 23).
- Unlike section 47, section 56(1) does not list the arbitration agreement.
Read next
- Section 57: conditions for enforcement of Geneva Convention awards
- Sections 58, 59 and 60: enforcement, appeals and saving
- Sections 53 and 54: Geneva Convention awards
- Enforcing a foreign arbitral award in India
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.