Arbitration and Conciliation Act, 1996
Section 49 of Arbitration Act: Enforcement of Foreign Awards
Section 49 of the Arbitration and Conciliation Act, 1996 deals with the final enforcement stage of a foreign award covered by Part II, Chapter I of the Act, which concerns New York Convention awards.
Text of Section 49
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.
Meaning and legal effect of Section 49
Section 49 operates after the Court is satisfied that the foreign award can be enforced under Chapter I of Part II. Once that requirement is met, the statute treats the foreign award as a decree of that Court. The award can then be enforced through the ordinary process available for execution of a court decree, subject to the applicable procedural law.
Section 49 should be read together with Section 44, Section 47, Section 48 and Section 50 of the Arbitration and Conciliation Act, 1996.
Related provisions
Section 44 - Definition of foreign award
Section 44 defines the category of foreign awards to which Chapter I of Part II applies. In broad terms, it concerns certain commercial arbitral awards made in territories notified by the Central Government on the basis of reciprocity under the New York Convention framework.
Section 47 - Evidence for enforcement
Section 47 sets out the documents and evidence that a party seeking enforcement of a foreign award must produce before the Court, including the award and the arbitration agreement in the form required by law.
Section 48 - Conditions for enforcement
Section 48 provides the limited grounds on which enforcement of a foreign award may be refused. The Court examines enforceability under Section 48 before the consequence stated in Section 49 follows.
Section 50 - Appealable orders
Section 50 specifies the appealable orders under this Chapter, including an order refusing to enforce a foreign award under Section 48. It also provides that no second appeal lies from an appellate order under Section 50, without affecting any right of appeal to the Supreme Court.
How Section 49 works in practice
- The applicant first seeks enforcement of the foreign award before the competent Court.
- The required material is produced in accordance with Section 47.
- The Court considers whether any ground for refusal under Section 48 is established.
- If the Court is satisfied that the award is enforceable, Section 49 deems the award to be a decree of that Court.
- The decree may then be executed in accordance with the applicable execution procedure.
Official statutory source
The Arbitration and Conciliation Act, 1996 is published on the Government of India's India Code portal. Readers should verify the current consolidated text, amendments and notifications from the official source when relying on the law for a proceeding.
View the Arbitration and Conciliation Act, 1996 on India Code