Evidence
Section 47 of the Arbitration and Conciliation Act, 1996 deals with evidence. The party applying for the enforcement of a foreign award shall, at the time of the application, produce before the court— (a) the original award or a copy thereof, duly authenticated in the manner required by the law of the country in which it was made; The Act came into force on 22 Aug 1996.
(1) The party applying for the enforcement of a foreign award shall, at the time of the application, produce before the court—
(a) the original award or a copy thereof, duly authenticated in the manner required by the law of the country in which it was made;
(b) the original agreement for arbitration or a duly certified copy thereof; and
(c) such evidence as may be necessary to prove that the award is a foreign award.
(2) If the award or agreement to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in India.
1[Explanation.—In this section and in the sections following in this Chapter, "Court" means the High Court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award if the same had been the subject-matter of a suit on its original civil jurisdiction and in other cases, in the High Court having jurisdiction to hear appeals from decrees of courts subordinate to such High Court.]
Section 47, The Arbitration and Conciliation Act, 1996 (Act 26 of 1996).
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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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: Evidence requirements for enforcement - party applying for enforcement must produce original award, arbitration agreement, and evidence proving it is a foreign award; burden is procedural not substantive
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.
Questions about Section 47
What have the courts held on Section 47 of the Arbitration and Conciliation Act?
Arun Dev Upadhyaya vs Integrated Sales Service Ltd. & ANR. (10 Aug 2021) is the leading judgment on this section among those set out below: Evidence requirements for enforcement - party applying for enforcement must produce original award, arbitration agreement, and evidence proving it is a foreign award; burden is procedural not substantive.
How do I find court cases under Section 47 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 47, section 47 Arbitration Act, section 47 of the Arbitration and Conciliation Act. People searching for it also type 47 arbitration act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Arun Dev Upadhyaya vs Integrated Sales Service Ltd. & ANR. (10 Aug 2021).
When did Section 47 of the Arbitration and Conciliation Act come into force?
Section 47 of the Arbitration and Conciliation Act, cited as Arbitration Act 47, 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.