Key points
- Awards made in countries that India has notified under the New York Convention are enforced under Part II of the Arbitration and Conciliation Act.
- Applications go to the High Court, and the grounds for refusal in section 48 are narrow and exhaustive.
- Since 2015, the public policy ground is limited to fraud or corruption, the fundamental policy of Indian law, and the most basic notions of morality or justice.
- An order enforcing a foreign award cannot be appealed; only an order refusing enforcement can.
India has been a party to the New York Convention since 1960, and its courts have, over the last decade, become noticeably more willing to enforce foreign arbitral awards. For a party holding an award against an Indian company, the process is now reasonably predictable.
Which awards qualify
Part II of the Arbitration and Conciliation Act, 1996 applies to “foreign awards” made in a territory that the Central Government has notified as a reciprocating territory under the New York Convention. India applies the Convention on the basis of reciprocity, so the seat of the arbitration must be in a notified country. Most major arbitration countries, including Singapore, the United Kingdom, France and the United States, are covered.
Where and how to apply
The application is made to the High Court with jurisdiction over the subject matter of the award, which in practice usually means where the award debtor or its assets are located (section 47, as amended in 2015). It must be accompanied by the original award or a certified copy, the arbitration agreement, and evidence that the award is a foreign award, with a translation where needed. The Supreme Court held in Government of India v. Vedanta (2020) that the limitation period for an enforcement application is three years from the date the right to apply accrues.
The grounds for refusal: section 48
Enforcement may be refused only if the party resisting it proves one of the grounds in section 48(1): incapacity or an invalid arbitration agreement; lack of proper notice or inability to present its case; an award beyond the scope of the submission; an improperly constituted tribunal or procedure; or an award that is not yet binding or has been set aside at the seat. The court may also refuse on its own if the subject matter is not arbitrable in India or enforcement would be contrary to Indian public policy (section 48(2)).
Since the 2015 amendments, an award is contrary to the public policy of India only if it was induced or affected by fraud or corruption, contravenes the fundamental policy of Indian law, or conflicts with the most basic notions of morality or justice, and the court may not review the merits of the dispute. The Supreme Court had already adopted a narrow approach in Shri Lal Mahal v. Progetto Grano (2014), and in Vijay Karia v. Prysmian Cavi e Sistemi (2020) it held that the section 48 grounds must be construed narrowly and that “unable to present his case” refers to a serious denial of the opportunity to be heard.
No appeal against enforcement
Section 50 allows an appeal only against an order refusing to refer parties to arbitration or refusing to enforce a foreign award. An order allowing enforcement can be challenged only by a petition for special leave to the Supreme Court, which is discretionary. Once the court is satisfied that the award is enforceable, it is deemed to be a decree of that court (section 49) and is executed like one.
Interim relief and emergency awards
Since 2015, Indian courts can grant interim measures under section 9 in support of arbitrations seated abroad, unless the parties have agreed otherwise, which helps protect assets while enforcement is pending. An emergency arbitrator’s order made in a foreign-seated arbitration is not itself enforceable as a foreign award; the Delhi High Court held in Raffles Design International v. Educomp (2016) that the party must instead seek interim relief from the Indian court.
Practical points
- Check, before choosing a seat, that the country is notified by India under the Convention.
- Trace the award debtor’s assets in India early, and consider section 9 relief to preserve them.
- Keep certified copies of the award and the agreement, with translations, ready to file.
- File within three years.
Our arbitration practice acts on both sides of enforcement proceedings. See also unstamped arbitration agreements after Interplay.
Sources
This article is for general information and states the law as at 12 October 2026. It is not legal advice. For advice on your situation, contact the firm. Published by BRB Legal.
