Enforcement of foreign awards
Section 49 of the Arbitration and Conciliation Act, 1996 deals with 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. The Act came into force on 22 Aug 1996.
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.
Section 49, 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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Kalyani Transco vs M/s Bhushan Power and Steel Limited
Court's Decision & Legal Precedent
Once a Resolution Plan is duly approved by the Adjudicating Authority under Section 31(2) of the IBC, the claims as provided in the Resolution Plan stand frozen and binding on all stakeholders. Claims not part of the approved Resolution Plan or the RfRP stand extinguished, and no person can initiate proceedings for such claims. The Committee of Creditors does not become functus officio after plan approval but continues to exist until full implementation or finality of appeals, with authority to monitor and supervise implementation through a monitoring committee. The commercial wisdom of the CoC in approving a Resolution Plan is paramount and non-justiciable, and courts cannot interfere with the CoC's business decisions unless the plan violates mandatory statutory provisions or is based on extraneous considerations or is ex facie arbitrary and illegal. Delay in implementation of an approved Resolution Plan does not justify setting aside the plan unless the delay is unjustified and attributable to the SRA. Compulsorily convertible debentures are treated as equity instruments as they involve mandatory conversion without repayment obligation. EBITDA generated during CIRP cannot be claimed by creditors unless specifically provided for in the RfRP or Resolution Plan. Erstwhile promoters and directors, as personal guarantors vitally interested in the Resolution Plan's outcome, have locus standi to appeal under Sections 61 and 62 of the IBC, but their appeals must be decided on merits considering their conduct during CIRP.
On this section: Enforcement of foreign arbitral awards in India; awards are not automatically enforceable and require court satisfaction of enforceability
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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… Before we examine whether the international arbitral awards would be treated as contingent or crystallized debts, we must first examine the status of foreign awards in light of the provisions of the Arbitration and Conciliation Act, 1996[49]( page-122-0). Section 49 of the Arbitration Act reads thus: " Section 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" <span id="page-122-0"></span> <sup>49</sup> "Arbitration Act" for short. - 176. It can thus be seen that the foreign award will be …
Questions about Section 49
What have the courts held on Section 49 of the Arbitration and Conciliation Act?
Kalyani Transco vs M/s Bhushan Power and Steel Limited (26 Sep 2025) is the leading judgment on this section among those set out below: Enforcement of foreign arbitral awards in India; awards are not automatically enforceable and require court satisfaction of enforceability.
How do I find court cases under Section 49 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 49, section 49 Arbitration Act, section 49 of the Arbitration and Conciliation Act. People searching for it also type arbitration act cap 49. 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 Kalyani Transco vs M/s Bhushan Power and Steel Limited (26 Sep 2025).
When did Section 49 of the Arbitration and Conciliation Act come into force?
Section 49 of the Arbitration and Conciliation Act, cited as Arbitration Act 49, 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.