Conditions for enforcement of foreign awards
Section 57 of the Arbitration and Conciliation Act, 1996 deals with conditions for enforcement of foreign awards. In order that a foreign award may be enforceable under this Chapter, it shall be necessary that— (a) the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto; The Act came into force on 22 Aug 1996.
(1) In order that a foreign award may be enforceable under this Chapter, it shall be necessary that—
(a) the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto;
(b) the subject-matter of the award is capable of settlement by arbitration under the law of India;
(c) the award has been made by the arbitral tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure;
(d) the award has become final in the country in which it has been made, in the sense that it will not be considered as such if it is open to opposition or appeal or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending;
(e) the enforcement of the award is not contrary to the public policy or the law of India.
1[Explanation 1.—For the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of India, only if,—
(i) the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or
(ii) it is in contravention with the fundamental policy of Indian law; or
(iii) it is in conflict with the most basic notions of morality or justice.
Explanation 2.—For the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of Indian law shall not entail a review on the merits of the dispute.]
(2) Even if the conditions laid down in sub-section (1) are fulfilled, enforcement of the award shall be refused if the Court is satisfied that—
(a) the award has been annulled in the country in which it was made;
(b) the party against whom it is sought to use the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case; or that, being under a legal incapacity, he was not properly represented;
(c) the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration:
Provided that if the award has not covered all the differences submitted to the arbitral tribunal, the Court may, if it thinks fit, postpone such enforcement or grant it subject to such guarantee as the Court may decide.
(3) If the party against whom the award has been made proves that under the law governing the arbitration procedure there is a ground, other than the grounds referred to in clauses (a) and (c) of sub-section (1) and clauses (b) and (c) of sub-section (2) entitling him to contest the validity of the award, the Court may, if it thinks fit, either refuse enforcement of the award or adjourn the consideration thereof, giving such party a reasonable time within which to have the award annulled by the competent tribunal.
Section 57, 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.
This section refers to
Referred to by 2
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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… Sri. D.K.Bhatia, Sold Arbitrator, No.X-22-A, Lawyeres Chambers, Civil Side, Tis Hazari Courts, Delhi 110 054. ....RESPONDENTS This Regular First Appeal filed under Section 57 of the Arbitration and Conciliation Act, 1996, by the advocate for the appellants praying to set aside the judgment and decree dated 21.12.2013 passed by the VI Additional City Civil Judge, Bangalore in A.S.No.56/2011 confirming the award dated 26.2.2009 passed by the 2nd respondent in arbitration case No.H-160 and …
Questions about Section 57
What does Section 57 of the Arbitration and Conciliation Act deal with?
Section 57 of the Arbitration and Conciliation Act is headed "Conditions for enforcement of foreign awards". In order that a foreign award may be enforceable under this Chapter, it shall be necessary that— (a) the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto;
How do I find court cases under Section 57 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 57, section 57 Arbitration Act, section 57 of the Arbitration and Conciliation Act. People searching for it also type arbitration act s 57. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 57 of the Arbitration and Conciliation Act, and has it changed?
Its own text turns on section 75 (Confidentiality), section 81 (Admissibility of evidence in other proceedings), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 57 of the Arbitration and Conciliation Act come into force?
Section 57 of the Arbitration and Conciliation Act, cited as Arbitration Act 57, 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
- 48. Conditions for enforcement of foreign awards493 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.