Sections 58 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.
Sections 58, 59 and 60 close Chapter II of Part II. Section 58 says that a Geneva Convention foreign award that the Court finds enforceable is deemed a decree of the Court. Section 59 allows an appeal from two kinds of refusal and bars a second appeal. Section 60 saves rights that existed before the Chapter was enacted. This follows the India Code consolidated text consulted.
Once the Court is satisfied that the foreign award is enforceable under Chapter II, the award is deemed to be a decree of the Court (section 58). An appeal lies from an order refusing to refer the parties to arbitration under section 54 and from an order refusing to enforce a foreign award under section 57 (section 59(1)). No second appeal lies, but the right of appeal to the Supreme Court is not taken away (section 59(2)). Section 60 saves earlier rights to enforce or rely on an award in India.
Where these sections sit
Part II is headed "Enforcement of certain foreign awards". Chapter I deals with New York Convention awards (sections 44 to 52) and Chapter II with Geneva Convention awards (sections 53 to 60). 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, under 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 made in a territory declared by like notification. See our article on sections 53 and 54 for the definition and the power to refer parties to arbitration. The notifications themselves are not in the text consulted, and nothing is stated here about which territories they cover.
Sections 55 and 56 say when such an award binds and what evidence is produced; section 57 lists the conditions for enforcement. Those are covered in our articles on sections 55 and 56 and section 57. Sections 58 to 60 come after them. If a Geneva Convention award is in your hands and you need a plan for the court stage, our legal dispute resolution team can help you map the steps.
Section 58: the award is deemed a decree
Section 58 reads, in substance: where the Court is satisfied that the foreign award is enforceable under this Chapter, the award shall be deemed to be a decree of the Court.
Points to note:
- The test is the Court's satisfaction that the award is enforceable under this Chapter. What makes an award enforceable, and what lets the Court refuse, sits in sections 53 to 57, not here.
- The consequence is a deeming: the award is treated as a decree of that Court. The section does not describe how a decree is then executed; for the general execution route under the Code of Civil Procedure, see our guide on execution of decrees. The text consulted gives no execution steps in this section, and we give none.
- The words are the same as those of section 49 in Chapter I, except that section 49 says "decree of that Court" and section 58 says "decree of the Court". Both are printed as stated.
Section 59: appealable orders
Section 59(1) says an appeal shall lie from the order refusing:
- to refer the parties to arbitration under section 54; and
- to enforce a foreign award under section 57,
to the court authorised by law to hear appeals from such order.
Two things stand out. First, the appeal is against a refusal: the section lists the two refusals and no other order. Second, the appeal goes to "the court authorised by law to hear appeals from such order". The section does not name that court, and the text consulted does not say which court it is. Our article on section 13 of the Commercial Courts Act deals with appeals in commercial matters under that Act; read the two together when the dispute is a commercial one.
Section 59(2) says no second appeal shall lie from an order passed in appeal under this section, but nothing in the section affects or takes away any right to appeal to the Supreme Court.
How section 59 reads beside section 50
Section 50 is the matching provision for New York Convention awards. The text consulted prints the two as follows.
| Point | Section 50 (Chapter I) | Section 59 (Chapter II) |
|---|---|---|
| Opening words | "Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie" | "An appeal shall lie" |
| Footnote | Opening words substituted by Act 33 of 2019, s. 12, for "An appeal" (w.e.f. 30-8-2019) | None |
| First refusal | Refusal to refer the parties to arbitration under section 45 | Refusal to refer the parties to arbitration under section 54 |
| Second refusal | Refusal to enforce a foreign award under section 48 | Refusal to enforce a foreign award under section 57 |
| Forum | The court authorised by law to hear appeals from such order | The court authorised by law to hear appeals from such order |
| Second appeal | None; Supreme Court right kept | None; Supreme Court right kept |
The difference is in the opening words only, and the text consulted shows no 2019 footnote under section 59. We state each as printed and draw no conclusion about the effect of the difference. The structure of section 50 is explained in our article on sections 49 to 52.
Section 60: saving
Section 60 says nothing in this Chapter shall prejudice any rights which any person would have had of enforcing in India any award, or of availing himself in India of any award, if this Chapter had not been enacted.
In plain words, the Chapter adds a route; it does not remove rights that already existed. The section does not list those rights and the text consulted does not say what they are. The Arrangement of Sections at the head of the text calls section 60 "Savings", while the body heads it "Saving": a heading difference only.
Putting the three sections together
| Section | What it does | Who it concerns |
|---|---|---|
| 58 | Deems an enforceable foreign award a decree of the Court | The award holder, once the Court is satisfied |
| 59(1) | Gives an appeal against two refusals (sections 54 and 57) | The party refused a reference or refused enforcement |
| 59(2) | Bars a second appeal; keeps the Supreme Court right | Any party after an appeal is decided |
| 60 | Saves earlier rights to enforce or rely on an award in India | Any person who held such rights |
A worked illustration
Suppose Meridian Textiles Pvt Ltd holds an award that it says falls within Chapter II. The Court refuses to enforce it under section 57. Under section 59(1)(b), Meridian may appeal to the court authorised by law to hear appeals from that order. Suppose that appeal is decided against it. Section 59(2) shuts a second appeal, but it does not touch any right to appeal to the Supreme Court. If instead the Court is satisfied that the award is enforceable, section 58 treats it as a decree. The names and facts are invented, and the example does not state any time limit, because the text consulted prints none for the appeal.
Need help with a foreign award or an appeal?
A refusal under section 54 or section 57 leaves a short list of next steps, and the right forum matters. Our legal dispute resolution service can review the order, the award and the agreement and set out the options before any filing. For wider context on cross-border awards, see our guide on enforcing a foreign arbitral award in India.
Key takeaways
- Section 58 deems an award that the Court finds enforceable under Chapter II a decree of the Court.
- Section 59(1) allows an appeal against a refusal under section 54 or section 57, and against no other order.
- Section 59(2) bars a second appeal but keeps any right to appeal to the Supreme Court.
- Section 60 saves rights that existed before the Chapter was enacted.
- Section 59 opens with "An appeal shall lie"; section 50 opens with "Notwithstanding anything contained in any other law for the time being in force, an appeal". Each is stated as printed.
Read next
- Section 57: conditions for enforcement of Geneva Convention awards
- Sections 49 to 52: foreign award as decree, appeals and saving
- Sections 53 and 54: Geneva Convention awards, meaning and reference to arbitration
- Enforcement of arbitral awards under section 36 and cross-border award enforcement
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.