Arbitration, Mediation and Conciliation · International Law of Arbitration

Enforcement of Foreign Awards under the New York Convention

Updated 11 October 2026 · Fact-checked

A foreign award under Part II Chapter I is an award in a commercial dispute, made in a notified Convention territory under a written arbitration agreement. You apply to the High Court with the award and agreement. The court enforces it as a decree unless the other party proves a Section 48(1) ground, or the court finds non-arbitrability or public policy conflict.

Understand Enforcement of Foreign Awards under New York Convention

Part II of the Act deals with enforcement of certain foreign awards. Chapter I covers awards under the New York Convention. Chapter II covers awards under the Geneva Convention. Section 52 says Chapter II of Part II does not apply to foreign awards to which Chapter I applies, so the Geneva provisions do not govern New York Convention awards.

Section 44 defines a foreign award. It must be an arbitral award on differences arising out of legal relationships, contractual or not, that are considered commercial under Indian law. It must be made on or after 11 October 1960. It must be made under a written arbitration agreement to which the Convention in the First Schedule applies. And it must be made in a territory that the Central Government has notified, by Official Gazette, as a reciprocating territory.

To enforce, the party applies to the Court. Under Section 47, it must produce the original award or an authenticated copy, the original agreement or a certified copy, and evidence that the award is a foreign award. A foreign-language document needs a certified English translation. "Court" means the High Court with original jurisdiction over the subject-matter, as if it were a suit, and otherwise the High Court that hears appeals from the subordinate courts.

The burden then shifts. Under Section 48(1), enforcement may be refused only if the party resisting it furnishes proof of one of the listed grounds. These are incapacity or invalid agreement, no proper notice or inability to present the case, an award beyond the submission, wrong tribunal composition or procedure, and an award not yet binding or set aside at the seat. Under Section 48(2), enforcement may also be refused if the Court finds that the matter is not arbitrable under Indian law or that enforcement would be contrary to the public policy of India.

If the court is satisfied, Section 49 deems the award a decree of that Court. Section 46 makes it binding between the parties, so it can also be used as a defence or set-off. The court does not re-hear the merits.

Key rules to remember

Foreign award (Section 44): Commercial dispute + award on or after 11 Oct 1960 + written agreement under the Convention + notified reciprocating territory; All elements must be present. A non-commercial dispute or an unnotified territory takes the award outside Chapter I.
Documents with the application (Section 47): Authenticated award + original or certified agreement + evidence that it is a foreign award; Add a certified English translation if any document is in a foreign language.
Refusal on proof by the resisting party (Section 48(1)): Refusal only if the party resisting proves a ground in (a) to (e); Grounds: incapacity or invalid agreement; no notice or unable to present case; beyond submission; composition or procedure; not binding, set aside or suspended.
Severability proviso (Section 48(1)(c)): Part on matters submitted may be enforced if separable from the rest; An excess of scope does not always defeat the whole award.
Refusal where the Court finds a ground (Section 48(2)): Not arbitrable under Indian law OR contrary to public policy of India; The text says enforcement may also be refused if the Court finds these. Unlike Section 48(1), it does not place the burden of proof on the resisting party.
Public policy (Explanation 1 to Section 48): Fraud or corruption, or violation of section 75 or 81; or contravention of fundamental policy of Indian law; or conflict with most basic notions of morality or justice; Only these three. Explanation 2 says the fundamental policy test does not entail a review on the merits.
Adjournment and security (Section 48(3)): Set-aside application pending at the seat: court may adjourn and order suitable security; Security is ordered on the application of the party seeking enforcement.
Effect of enforcement (Sections 49 and 46): Award enforceable = deemed decree of the Court; binding for all purposes; It can be relied on by way of defence, set-off or otherwise.

How to solve Enforcement of Foreign Awards under New York Convention questions

Use the same sequence for any problem on enforcing a foreign award. Stay with the facts given and link each to a section.

1Check whether it is a foreign award under Section 44: commercial relationship, date, written agreement under the Convention, and a notified territory.
2Identify the Court and the applicant's documents under Section 47. Note any missing document or untranslated text.
3State that enforcement may be refused only on the grounds in Section 48, and that the resisting party must furnish proof for Section 48(1).
4Match each fact to a ground: incapacity or invalid agreement, notice, scope, composition or procedure, or binding status at the seat.
5Test Section 48(2) separately: arbitrability under Indian law and public policy. Apply the three limbs of Explanation 1 and note that no merits review is allowed.
6Consider the proviso on severability and Section 48(3) if a set-aside application is pending at the seat.
7Conclude: if no ground succeeds, the award is a decree under Section 49 and binding under Section 46.
8 Write the final answer in one clear sentence.

Quickest way: Four-gate check

When to use it: Use when time is short and the question asks whether a foreign award is enforceable.

Gate 1: is it a Section 44 foreign award? If not, stop.
Gate 2: did the applicant produce the Section 47 documents?
Gate 3: has the resisting party proved a Section 48(1) ground? Name the clause.
Gate 4: does Section 48(2) apply on arbitrability or public policy?
If all gates are cleared, write: deemed decree under Section 49.

Common mistakes in Enforcement of Foreign Awards under New York Convention

Saying the applicant must prove the award is valid beyond the documents.
Students assume the enforcing party carries the full burden.
Fix: Section 48(1) puts the burden of proof on the party resisting enforcement. The applicant only needs Section 47 documents.
Treating Section 48 as a merits appeal.
Students confuse enforcement with an appeal on facts or law.
Fix: Explanation 2 says the fundamental policy test does not entail a review on the merits. The court checks the grounds only.
Mixing Section 48 with Section 57, or Section 47 with Section 56.
Both chapters have similar headings and parallel provisions.
Fix: Sections 44 to 49 are the main New York Convention provisions, and Section 52 keeps Chapter II away from awards under Chapter I. Sections 53 to 58 are the Geneva Convention provisions.
Listing public policy grounds from memory without limits.
Students rely on broad ideas of fairness.
Fix: Explanation 1 uses the word 'only'. Give the three limbs: fraud or corruption (or violation of section 75 or 81), fundamental policy of Indian law, and basic notions of morality or justice.
Rejecting the whole award when part exceeds the submission.
Students overlook the proviso to Section 48(1)(c).
Fix: If the decisions on submitted matters can be separated, that part may be enforced.
Forgetting that non-arbitrability and public policy are found by the court.
Students assume every ground must be raised by the party.
Fix: Section 48(2) says the Court finds these. Section 48(1) requires proof by the party.

Worked examples

Example 1

A Singapore tribunal awards ₹4,50,00,000 to Kaveri Exports Ltd against Mehta Components Pvt Ltd under a written agreement. Singapore is a notified Convention territory. Mehta resists enforcement in India, saying it was never told of the arbitral proceedings. Advise whether the award can be enforced.

Show the solution

Section 44: the dispute is commercial, the agreement is in writing, and the award was made in a notified territory. Assuming it was made on or after 11 October 1960, it is a foreign award.
Section 47: Kaveri must produce the authenticated award, the original or certified agreement, and evidence that it is a foreign award, with certified translations if needed.
Section 48(1)(b): enforcement may be refused if Mehta furnishes proof that it was not given proper notice of the arbitrator's appointment or the proceedings, or was otherwise unable to present its case.
The burden is on Mehta. A bare statement is not enough. It must furnish proof, such as absence of service records.
If Mehta proves this, the court may refuse enforcement. If it does not, no Section 48(1) ground exists, and the court checks Section 48(2).

Answer: The award is enforceable unless Mehta furnishes proof under Section 48(1)(b). Without proof, the Court treats the award as a decree under Section 49.

Example 2

A foreign award in favour of Orion Traders contains decisions on a supply dispute and also on a separate matter that was never referred to arbitration. Anand Industries opposes enforcement of the entire award. Can the award be enforced?

Show the solution

The relevant ground is Section 48(1)(c): the award deals with a difference not contemplated by the submission, or contains decisions beyond its scope.
Anand must furnish proof of this to the court.
The proviso applies. If the decisions on matters submitted can be separated from those not submitted, the part on submitted matters may be enforced.
The supply dispute was referred, so its decision can be separated from the unreferred matter.
The court may refuse the unreferred part and enforce the supply part, subject to Section 48(2) and any other ground.

Answer: The court need not refuse the whole award. Under the proviso to Section 48(1)(c), the separable part on the supply dispute may be enforced, and the unreferred part is not enforced.

Exam tips

Write the section number beside every ground. Examiners give marks for the exact provision.
Always separate Section 48(1), proved by the party, from Section 48(2), found by the court.
Quote the three public policy limbs from Explanation 1 and mention that merits are not reviewed.
For case-based questions, start by checking Section 44 conditions, especially notified territory and commercial nature.
Answer the enforcement question first, and do not state any appeal route unless the question supplies it.

Practice questions from International Law of Arbitration

Enforcement of Foreign Awards under New York Convention: frequently asked questions

What is a foreign award under Section 44?

It is an arbitral award on a commercial dispute, made on or after 11 October 1960, under a written agreement to which the Convention applies. It must be made in a territory the Central Government has notified as reciprocating.

Who must prove the grounds in Section 48?

Under Section 48(1), the party resisting enforcement must furnish proof to the court. Under Section 48(2), the court itself may refuse enforcement if the subject-matter is not arbitrable or enforcement is against public policy.

How do you enforce a foreign award in India?

You apply to the Court, which is the relevant High Court. You produce the documents under Section 47. If the court is satisfied that the award is enforceable, Section 49 deems it a decree of that Court.

Can the court review the merits of a foreign award?

No. Explanation 2 to Section 48 says the test of contravention of the fundamental policy of Indian law does not entail a review on the merits of the dispute.

What if the award is being challenged at the seat?

Under Section 48(3), if an application to set aside or suspend the award is pending before the competent authority, the court may adjourn the decision. On the application of the enforcing party, it may order the other party to give suitable security.