Conditions for enforcement of foreign awards

In force Act 26 of 1996 As on 18 Oct 2026

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Act 26 of 1996 Cited by 2 provisions

This is a second copy of a Central Act. India Code files it on Punjab's shelf as well as under Parliament, and the text is the same enactment. Read it at The Arbitration and Conciliation Act, 1996, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 48 of the Arbitration & Conciliation Act 1996 deals with conditions for enforcement of foreign awards. Enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the court proof that- (a) the parties to the agreement referred to in section 44 were, under the law applicable to them, under some incapacity, or the said agreement

(1) Enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the court proof that- (a) the parties to the agreement referred to in section 44 were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or (b) the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (c) the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters 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; or (d) the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place ; or (e) the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.
(2) Enforcement of an arbitral award may also be refused if the Court finds that- (a) the subject-matter of the difference is not capable of settlement by arbitration under the law of India; or (b) the enforcement of the award would be contrary to the public policy of India. 2[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.] (3) If an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause (e) of sub-section (1) the Court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security.
Section 48, The Arbitration & Conciliation Act 1996 (Act 26 of 1996).

Cross-references

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This section refers to

Referred to by 2

Questions about Section 48

What does Section 48 of the Arbitration & Conciliation Act 1996 deal with?

Section 48 of the Arbitration & Conciliation Act 1996 is headed "Conditions for enforcement of foreign awards". Enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the court proof that- (a) the parties to the agreement referred to in section 44 were, under the law applicable to them, under some incapacity, or the said agreement

How do I find court cases under Section 48 of the Arbitration & Conciliation Act 1996?

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 & Conciliation Act 1996 48, section 48 Arbitration & Conciliation Act 1996, section 48 of the Arbitration & Conciliation Act 1996. 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 48 of the Arbitration & Conciliation Act 1996, and has it changed?

Its own text turns on section 44 (Definition), 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 was the Arbitration & Conciliation Act 1996 enacted?

Arbitration & Conciliation Act 1996 was enacted in 1996 as Act 26 of 1996. India Code records no commencement date for it. It is in force as at the date shown on this page.

Other sections of this Act

86. Repeal and saving13407 words
11. Appointment of arbitrators1361 words
31. Form and contents of arbitral award844 words
34. Application for setting aside arbitral award750 words
2. Definitions669 words
16. Competence of arbitral tribunal to rule on its jurisdiction589 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. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/e7283d27-161c-4275-922b-f30fe6390ba0.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/2ec9fd35-b242-47e6-b553-8dc993ceccec/content). This page is not a substitute for legal advice.