Definition
Section 44 of the Arbitration and Conciliation Act, 1996 deals with definition. In this Chapter, unless the context otherwise requires, "foreign award" means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India, made on or after the 11th day of October, 1960— (a) The Act came into force on 22 Aug 1996.
In this Chapter, unless the context otherwise requires, "foreign award" means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India, made on or after the 11th day of October, 1960—
(a) in pursuance of an agreement in writing for arbitration to which the Convention set forth in the First Schedule applies, and
(b) in one of such territories as the Central Government, being satisfied that reciprocal provisions have been made may, by notification in the Official Gazette, declare to be territories to which the said Convention applies.
Section 44, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ashapura Minechem LTD vs Eitzen Bulk A/s
Court's Decision & Legal Precedent
The Court held that where the parties choose a foreign seat (London) and a foreign curial law, the award is a foreign award falling within Part II, Part I of the Act stands excluded by that choice, and an objection under Section 34 is not maintainable; the only route open in India is enforcement under Sections 47 to 49, and Section 42 has no application.
On this section: Determines when an award answers the Chapter I, Part II description of a 'foreign award' rather than a domestic award, and so which Part of the Act governs it.
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Arun Dev Upadhyaya vs Integrated Sales Service Ltd. & ANR.
Court's Decision & Legal Precedent
A non-signatory to an arbitration agreement can be bound by a foreign arbitral award if the non-signatory is a 'person' bound by the award through doctrines like alter ego or succession, but not merely by virtue of being a non-signatory. Section 48(1)(a) applies only to parties to the agreement and cannot be expansively interpreted to include non-signatories. The grounds for refusing enforcement of foreign awards under Section 48 must be narrowly construed in consonance with the pro-enforcement bias of the New York Convention. The burden of proof under Section 48 means establishing the ground on the basis of the record of the arbitral tribunal, not requiring fresh oral evidence. An arbitrator's application of foreign law (here, Delaware law on alter ego doctrine) to bind non-signatories is reviewable by the enforcement court only to the extent of verifying whether the foreign law was properly applied, not on the merits of the award.
On this section: Definition of foreign award - requires six ingredients including that it be an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under Indian law
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Chloro Controls(i) P. LTD vs Severn Trent Water Purification INC
Court's Decision & Legal Precedent
In multi-party and composite commercial transactions involving multiple interconnected agreements (principal/mother agreement and ancillary/subsidiary agreements), where the principal agreement contains a comprehensive arbitration clause covering disputes 'under or in connection with' such agreement, and the ancillary agreements are integral to performing the objectives of the principal agreement and are referred to therein, the Court shall refer all disputes arising from such composite transaction to arbitration under Section 45 of the Arbitration and Conciliation Act, 1996. This referral can include disputes of non-signatory parties who are claiming through or under the signatory parties to the principal agreement, provided: (1) there is a defined legal relationship between such parties arising from the composite transaction; (2) the parties' manifest intention demonstrates unified dispute resolution through arbitration; (3) the disputes are intrinsically interlinked and capable of composite resolution without risk of conflicting awards on overlapping issues; and (4) no serious challenge is made to the validity, operability or enforceability of the arbitration agreement at the threshold. The expression 'any person claiming through or under' in Section 45 is to be liberally construed to achieve the legislative intent of according primacy to arbitration in international commercial disputes, subject to the exceptions of agreements being null and void, inoperative or incapable of performance. Bifurcation of parties or causes of action is generally not permissible under the 1996 Act, but this does not prevent composite reference of all disputes arising from interlinked agreements forming a unified commercial transaction.
On this section: Prerequisite to Section 45; requires arbitration agreement in writing satisfying Article II of New York Convention requirements
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Paragraph 29<sup>8</sup> of the judgment deals with the analysis and interpretation of Section 44 of the Act. This Court noticed that there would be six ingredients to qualify an arbitral award to be a foreign award. Paragraph 29 is reproduced hereunder: "29. A reading of Section 44 of the Arbitration and Conciliation Act, 1996 would show that there are six ingredients to an award being a foreign award under the said Section. First, it must be an arbitral award on differences between persons arising out of legal relationships. Second, these differences may be in contract or outside of contract, …
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… beyond the scope of the submission to arbitration: Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be enforced; xxx xxx xxx 29. A reading of Section 44 of the Arbitration and Conciliation Act, 1996 would show that there are six ingredients to an award being a foreign award under the said Section. First, it must be an arbitral award on differences between persons arising out of legal relationships. Second, these differences may be in contract or outside of contract, …
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… beyond the scope of the submission to arbitration: Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be enforced; xxx xxx xxx 29. A reading of Section 44 of the Arbitration and Conciliation Act, 1996 would show that there are six ingredients to an award being a foreign award under the said Section. First, it must be an arbitral award on differences between persons arising out of legal relationships. Second, these differences may be in contract or outside of contract, …
Questions about Section 44
What have the courts held on Section 44 of the Arbitration and Conciliation Act?
Ashapura Minechem LTD vs Eitzen Bulk A/s is the leading judgment on this section among those set out below: Determines when an award answers the Chapter I, Part II description of a 'foreign award' rather than a domestic award, and so which Part of the Act governs it. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2012 to 2021.
How do I find court cases under Section 44 of the Arbitration and Conciliation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Arbitration Act 44, section 44 Arbitration Act, section 44 of the Arbitration and Conciliation Act. People searching for it also type arbitration act 1996 section 44. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Ashapura Minechem LTD vs Eitzen Bulk A/s.
What should I read with Section 44 of the Arbitration and Conciliation Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 44 of the Arbitration and Conciliation Act come into force?
Section 44 of the Arbitration and Conciliation Act, cited as Arbitration Act 44, came into force on 22 Aug 1996, having been enacted on 16 Aug 1996. It is in force as at the date shown on this page.
Other sections of this Act
- 8. Power to refer parties to arbitration where there is an arbitration agreement1029 words
- 11. Appointment of arbitrators1027 words
- 34. Application for setting aside arbitral awards861 words
- 2. Definitions732 words
- 29A. Time limit for arbitral award635 words
- 57. Conditions for enforcement of foreign awards519 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.