Section 56 of the Arbitration and Conciliation Act, 1996 - Evidence

Section 56 forms part of Part II, Chapter II of the Arbitration and Conciliation Act, 1996, which deals with Geneva Convention Awards. It specifies the documents and evidence that must accompany an application for enforcement of a foreign award and also defines the "Court" competent to deal with Section 56 and the following provisions of Chapter II.

Text of Section 56 - Evidence

What evidence must be filed under Section 56?

Section 56(1) requires the party seeking enforcement to produce specified evidence at the time of the application. The statutory requirements are directed at establishing the authenticity, finality, and enforceability of the Geneva Convention foreign award.

• The original foreign award or a duly authenticated copy.
• Evidence proving that the award has become final.
• Evidence necessary to establish the conditions referred to in Section 57(1)(a) and Section 57(1)(c).

Original award or duly authenticated copy

Under Section 56(1)(a), the enforcing party must produce either the original award or a copy duly authenticated in the manner required by the law of the country in which the award was made.

The statutory wording therefore links authentication to the law of the country of origin of the award. The form of authentication required in a particular case depends on that law and the documents relied upon.

Evidence that the foreign award has become final

Section 56(1)(b) requires evidence proving that the award has become final. This requirement reflects the Geneva Convention framework used in Chapter II.

Section 53 states that an award is not deemed to be final if proceedings contesting its validity are pending in the country in which it was made. Section 57 also includes finality among the statutory conditions for enforcement.

Evidence relating to Section 57(1)(a) and (c)

Section 56(1)(c) requires such evidence as may be necessary to prove that the conditions in clauses (a) and (c) of Section 57(1) are satisfied.

Section 57(1)(a) concerns whether the award was made pursuant to a submission to arbitration valid under the law applicable to it. Section 57(1)(c) concerns whether the award was made by the arbitral tribunal provided for in the submission to arbitration, or constituted as agreed by the parties, and in conformity with the law governing the arbitration procedure.

Translation of foreign-language documents

Section 56(2) applies where a document required under Section 56(1) is in a foreign language. The party seeking enforcement must produce an English translation certified as correct:

• by a diplomatic or consular agent of the country to which the enforcing party belongs; or
• in such other manner as may be sufficient according to the law in force in India.

The translation requirement is therefore part of the statutory evidentiary framework and should be addressed when preparing the enforcement application.

What does "Court" mean under Section 56?

The Explanation to Section 56 gives a special definition of "Court" for Section 56 and the sections that follow in Chapter II. The competent court is a High Court.

Where the High Court has original civil jurisdiction over the subject-matter that would have formed the subject of a suit, that High Court is the relevant court. In other cases, jurisdiction lies with the High Court having jurisdiction to hear appeals from decrees of subordinate courts.

2015 amendment to the definition of Court

The present Explanation was substituted by the Arbitration and Conciliation (Amendment) Act, 2015, enacted as Act 3 of 2016, with effect from 23 October 2015. The amendment places Chapter II foreign-award enforcement proceedings before the High Court in accordance with the jurisdictional test stated in the Explanation.

How Section 56 fits into the Chapter II enforcement process

Section 56 deals with the evidence accompanying the enforcement application. Section 57 then states the conditions that must be satisfied for a foreign award to be enforceable, while Section 58 deals with enforcement once the court is satisfied that the award is enforceable.

Related provisions

Section 56 should be read with Section 53 - Interpretation, Section 54 - Referral to arbitration, Section 55 - Foreign awards when binding, Section 57 - Conditions for enforcement, Section 58 - Enforcement, Section 59 - Appealable orders, and Section 60 - Savings.