Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

Appeals in Foreign Award Enforcement under Section 59 of Part II

Updated 11 October 2026 · Fact-checked

Section 59 gives a right of appeal against an order refusing to refer parties to arbitration under section 54, or refusing to enforce a foreign award under section 57. The appeal goes to the court authorised to hear appeals from such orders. No second appeal lies, but an appeal to the Supreme Court is saved.

Understand Appeals in Foreign Award Enforcement (Section 59 of Part II)

The Arbitration and Conciliation Act, 1996 has Part II for foreign awards. Part II has two Chapters. Chapter I deals with New York Convention awards and Chapter II deals with Geneva Convention awards. Each Chapter has its own appeal section.

In Chapter II (Geneva Convention awards), section 59 is the appeal section. It allows an appeal only against two kinds of orders: an order refusing to refer the parties to arbitration under section 54, and an order refusing to enforce a foreign award under section 57. The same rule appears in Chapter I as section 50, which refers to section 45 (reference to arbitration) and section 48 (enforcement conditions).

The key idea is that the appeal is given against a refusal. The text speaks of an order refusing to refer or refusing to enforce. It does not give an appeal against an order that refers the parties to arbitration or enforces the award. Read the words closely and apply them to the facts.

The appeal lies to the court authorised by law to hear appeals from such an order. Section 59(2) then closes the ladder. No second appeal lies from an order passed in appeal. But the right to approach the Supreme Court is not taken away.

Section 50 starts with the words "Notwithstanding anything contained in any other law for the time being in force", added in 2019. Section 59, as supplied, does not carry these words. Do not copy them into section 59 answers.

Key rules to remember

Section 59(1)(a): Appeal lies from order refusing to refer parties to arbitration under section 54; Chapter II (Geneva Convention). Chapter I equivalent: section 50(1)(a) read with section 45.
Section 59(1)(b): Appeal lies from order refusing to enforce a foreign award under section 57; Chapter I equivalent: section 50(1)(b) read with section 48.
Forum of appeal: Court authorised by law to hear appeals from such order; The section does not name the court. Use the statutory words.
Section 59(2): No second appeal; right to appeal to the Supreme Court is not affected; Same wording in section 50(2). Section 37(3) has the same bar for Part I.
Section 50 opening words: "Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie..."; Inserted by Act 33 of 2019, w.e.f. 30-8-2019. Applies to section 50 as supplied.
Enforcement effect: Enforceable foreign award is deemed to be a decree of the Court (section 49; section 58); Section 49 is Chapter I; section 58 is Chapter II.

How to solve Appeals in Foreign Award Enforcement (Section 59 of Part II) questions

Use this order for any case question on appeals in Part II.

1Identify the Chapter. A New York Convention award points to Chapter I (sections 44 to 52). A Geneva Convention award points to Chapter II (sections 53 to 60). Name the matching appeal section: section 50 or section 59.
2Identify the order that was passed. Was it a refusal to refer parties to arbitration, a refusal to enforce, or something else?
3Match the order to the clauses. Refusal to refer: section 59(1)(a) with section 54, or section 50(1)(a) with section 45. Refusal to enforce: section 59(1)(b) with section 57, or section 50(1)(b) with section 48.
4If the order is outside these two clauses, say no appeal is provided under this section. For example, an order that enforces the award is not a refusal.
5State the forum: the court authorised by law to hear appeals from such order.
6Apply sub-section (2). If the question is about a further appeal after the appellate order, say no second appeal lies.
7Add that the right to appeal to the Supreme Court is not affected, and close with a clear conclusion.

Quickest way: Refusal test and Chapter check

When to use it: Use when a short fact-based question gives a court order and asks whether an appeal lies.

Ask: was the order a refusal to refer or a refusal to enforce? If yes, appeal lies.
Pick section 59 for Geneva awards and section 50 for New York awards.
Name the court: the one authorised by law to hear appeals from such order.
Second appeal? Bar applies. Supreme Court right remains.
Write one line of conclusion with the section number.

Common mistakes in Appeals in Foreign Award Enforcement (Section 59 of Part II)

Saying an appeal lies against an order that enforces the foreign award.
Students assume both sides can always appeal.
Fix: Read the clauses. The appeal is against an order refusing to refer or refusing to enforce. Do not extend it beyond the text.
Mixing section 50 and section 59.
The two sections have almost identical wording.
Fix: Link the Chapter to the section. Chapter I with sections 45 and 48 uses section 50. Chapter II with sections 54 and 57 uses section 59.
Confusing section 37 with sections 50 and 59.
All three are titled appealable orders.
Fix: Section 37 is for Part I and has a wider list, including section 9, 17 and 34 orders. Sections 50 and 59 are for Part II and cover only two refusals.
Saying the Supreme Court route is closed by the bar on second appeal.
Students stop reading after 'no second appeal'.
Fix: Quote the saving words: nothing in the section affects or takes away any right to appeal to the Supreme Court.
Naming a specific appellate court as fixed by the section.
Students want a precise answer.
Fix: The section says only the court authorised by law to hear appeals from such order. Use those words.
Writing the 2019 'notwithstanding' words into section 59.
Memory of section 50 and section 37 carries over.
Fix: Attribute those words to section 50 (and section 37) as per the supplied text, not to section 59.

Worked examples

Example 1

A foreign award made in a Geneva Convention territory is presented for enforcement in India. The Court refuses enforcement under section 57. The award holder asks whether she can appeal, and whether the losing side of that appeal can appeal again to a higher court under the Act.

Show the solution

The award falls under Chapter II, so the appeal section is section 59.
The order is a refusal to enforce a foreign award under section 57. Section 59(1)(b) covers this.
So an appeal lies to the court authorised by law to hear appeals from such an order.
Under section 59(2), no second appeal lies from the order passed in appeal.
But the section does not affect any right to appeal to the Supreme Court.

Answer: An appeal lies under section 59(1)(b) to the court authorised by law to hear appeals from such order. No second appeal lies under section 59(2), but the right to appeal to the Supreme Court remains.

Example 2

Under a New York Convention award, an Indian court enforces the award against Sundaram Traders Ltd after holding that none of the section 48 grounds is made out. Sundaram Traders Ltd wants to appeal under section 50. Advise.

Show the solution

The award is under Chapter I, so section 50 is the relevant appeal section.
Section 50(1) allows appeal from an order refusing to refer parties to arbitration under section 45 or refusing to enforce a foreign award under section 48.
Here the court did not refuse enforcement. It enforced the award.
So the order is outside section 50(1)(a) and (b).
Under section 49, once the Court is satisfied the award is enforceable, the award is deemed to be a decree of that Court. Sundaram Traders Ltd must look to remedies available otherwise in law, not to section 50.

Answer: No appeal lies under section 50, because that section covers only orders refusing to refer or refusing to enforce. The order here enforced the award, which is then deemed a decree of the Court under section 49.

Exam tips

Write both the Chapter and the section: section 50 for Chapter I, section 59 for Chapter II. Examiners reward the correct pairing.
Quote the two appealable orders in the exact words refusing to refer and refusing to enforce.
Always end with the second appeal bar and the Supreme Court saving. Missing one of the two loses marks.
Add a one-line contrast with section 37 if the question asks about Part I versus Part II.
In case questions, follow provision, facts, conclusion. Name the order first, then test it against the clauses.

Practice questions from Challenge to Award and Appeals

Appeals in Foreign Award Enforcement (Section 59 of Part II): frequently asked questions

What orders are appealable under section 59?

Two orders are appealable. One is an order refusing to refer the parties to arbitration under section 54. The other is an order refusing to enforce a foreign award under section 57.

Is a second appeal allowed under the Arbitration Act in foreign award matters?

No. Section 59(2), like section 50(2), bars a second appeal from an order passed in appeal. But the right to appeal to the Supreme Court is not affected.

What is the difference between section 50 and section 59?

Section 50 is in Chapter I of Part II and links to sections 45 and 48. Section 59 is in Chapter II and links to sections 54 and 57. The structure and the bar on second appeal are the same.

Can I appeal against an order that enforces a foreign award?

Sections 50 and 59 give appeals against refusals only. An order enforcing the award is not listed. Once enforceable, the award is deemed to be a decree of the Court.