Section 57 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 57 is the heart of Chapter II of Part II. Sub-section (1) lists five conditions that must be met before a Geneva Convention foreign award is enforceable. Sub-section (2) says that, even if they are met, enforcement "shall be refused" on three grounds. Sub-section (3) adds a residual power to refuse or adjourn. This article reads the section as per the India Code consolidated text consulted, and compares it with section 48 of Chapter I.
For enforcement under Chapter II, the award must be made under a valid submission, its subject-matter must be capable of settlement by arbitration under the law of India, it must be made by the proper tribunal, it must have become final where made, and enforcement must not be contrary to the public policy or the law of India (sub-section (1)). Even then, enforcement shall be refused if the award was annulled where made, the party had no sufficient notice or was not properly represented, or the award goes beyond the submission (sub-section (2)). Sub-section (3) allows the Court to refuse or adjourn on another ground proved under the governing law.
Where section 57 sits
Section 57 is in Part II, Chapter II (Geneva Convention Awards). Section 53 defines the awards and section 54 provides for reference to arbitration, section 55 and 56 deal with binding effect and evidence, and section 58 deems the award a decree once the Court is satisfied that it is enforceable. See our articles on sections 53 and 54, sections 55 and 56 and sections 58, 59 and 60. If you are enforcing or resisting an award under this Chapter, our arbitration support team can map it against the section.
Sub-section (1): conditions to be met
"In order that a foreign award may be enforceable under this Chapter, it shall be necessary that—"
| Clause | Condition as printed |
|---|---|
| (a) | the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto |
| (b) | the subject-matter of the award is capable of settlement by arbitration under the law of India |
| (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 |
| (d) | the award has become final in the country in which it has been made, in the sense that it will not be considered as such if it is open to opposition or appeal or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending |
| (e) | the enforcement of the award is not contrary to the public policy or the law of India |
A printing point. Clauses (d) and (e) are printed with no "or" or "and" between them, although "it shall be necessary that" suggests all five are required. The text consulted prints them as they stand and this article does not supply a joining word.
Explanations 1 and 2
The footnote shows the Explanations as substituted by Act 3 of 2016, section 24, with effect from 23-10-2015. Explanation 1 says that an award is in conflict with the public policy of India "only if" (i) the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81, or (ii) it is in contravention with the fundamental policy of Indian law, or (iii) it is in conflict with the most basic notions of morality or justice. Explanation 2 says the test as to whether there is a contravention with the fundamental policy of Indian law shall not entail a review on the merits of the dispute. They carry the same words as the Explanations to section 48(2). Sections 75 and 81 are in Part III (conciliation); the Mediation Act, 2023 provides for sections 61 to 81 to be replaced by two sections, its commencement is by notification and the date is not in the sources consulted, so check whether that change is in force before relying on those references. See our articles on section 75 and sections 80 and 81.
Sub-section (2): enforcement shall be refused
"Even if the conditions laid down in sub-section (1) are fulfilled, enforcement of the award shall be refused if the Court is satisfied that—
(a) the award has been annulled in the country in which it was made; (b) the party against whom it is sought to use the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case; or that, being under a legal incapacity, he was not properly represented; (c) the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration:"
The word is "shall be refused", not "may". The condition is that "the Court is satisfied".
The proviso
The proviso follows clause (c), after a colon. It says that if the award has not covered all the differences submitted to the arbitral tribunal, the Court may, if it thinks fit, postpone enforcement or grant it subject to such security as the Court may require. (The Act uses a different word for "security" in the proviso; it is paraphrased here and not quoted.) The Court's choices are therefore to postpone enforcement or to grant it on terms as to security. The proviso speaks of an award that "has not covered all the differences submitted", and this article states nothing more about its scope.
Sub-section (3): residual ground
"If the party against whom the award has been made proves that under the law governing the arbitration procedure there is aground, other than the grounds referred to in clauses (a) and (c) of sub-section (1) and clauses (b) and (c) of sub-section (2)entitling him to contest the validity of the award, the Court may, if it thinks fit, either refuse enforcement of the award or adjourn the consideration thereof, giving such party a reasonable time within which to have the award annulled by the competent tribunal."
The text consulted prints "aground" as one word and "(2)entitling" without a space; they are read as "a ground" and "(2) entitling". The sub-section works as follows:
- The party against whom the award was made proves a ground under the law governing the arbitration procedure.
- The ground is other than those in clauses (a) and (c) of sub-section (1) and clauses (b) and (c) of sub-section (2).
- The Court may, if it thinks fit, refuse enforcement or adjourn, "giving such party a reasonable time within which to have the award annulled by the competent tribunal".
Section 57 beside section 48
| Point | Section 57 (Chapter II) | Section 48 (Chapter I) |
|---|---|---|
| Structure | Conditions that "it shall be necessary" to meet (sub-section (1)), grounds on which enforcement "shall be refused" (sub-section (2)), residual power (sub-section (3)) | Grounds on which enforcement "may be refused" (sub-sections (1) and (2)); adjournment (sub-section (3)) |
| Who proves | Sub-section (1) and (2): the Court must be satisfied; sub-section (3): the party proves | Sub-section (1): the resisting party "furnishes ... proof"; sub-section (2): the Court finds |
| Finality | Required: award "has become final" (clause (d)); not final if open to opposition or appeal or contest pending | Ground: award "has not yet become binding", or set aside or suspended (clause (e) of sub-section (1)) |
| Annulment | "Shall be refused" if annulled in the country where made | Ground if set aside or suspended by a competent authority |
| Public policy | "Public policy or the law of India" in sub-section (1)(e) | "Public policy of India" in sub-section (2)(b) |
| Explanations 1 and 2 | Footnote: Act 3 of 2016, s. 24 | Footnote: Act 3 of 2016, s. 22 |
| Partly beyond the submission | Proviso: postpone or grant subject to security | Proviso to clause (c): separable part may be enforced |
| Adjournment | Sub-section (3): refuse or adjourn on another ground | Sub-section (3): adjourn and order suitable security |
See our article on section 48. The two are different provisions, and this article reconciles nothing. For the Part I challenge to a domestic award, see our post on section 34.
An example
An award is made abroad between two parties from notified Powers. It is final where made, deals with matters within the submission and does not offend Indian public policy. The Court is asked to enforce it. Section 57(1) is met. Then the debtor shows that the award was annulled in the country in which it was made. Under section 57(2)(a), enforcement "shall be refused" if the Court is satisfied of that, even though the sub-section (1) conditions were fulfilled.
In another case, the award has dealt with only some of the differences submitted to the tribunal. The proviso lets the Court postpone enforcement or grant it subject to security as the Court may require.
Need help enforcing or resisting a Geneva Convention award?
The section works in three layers, and the order in which you meet them matters. Our arbitration support service can review the award and the governing law with you.
Key takeaways
- Sub-section (1) lists five conditions for enforceability, including that the award has become final in the country where made.
- Sub-section (2) says enforcement "shall be refused" if the award was annulled where made, if there was no sufficient notice or proper representation, or if the award goes beyond the submission.
- The proviso lets the Court postpone enforcement or grant it subject to security where the award has not covered all differences submitted.
- Sub-section (3) lets the Court refuse or adjourn on another ground proved under the law governing the arbitration procedure.
- The footnote shows the Explanations as substituted by Act 3 of 2016, s. 24 (w.e.f. 23-10-2015).
Read next
- Sections 58, 59 and 60: enforcement, appeals and saving for Geneva Convention awards
- Sections 61 and 62: application of Part III and commencement of conciliation
- Section 48: conditions for enforcement of foreign awards
- Second and Third Schedules: Geneva Protocol and Convention
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.