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The Arbitration and Conciliation Act, 1996: page 34

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may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal
proceedings in India and any references in this Chapter to enforcing a foreign award shall be construed as
including references to relying on an award.
    56. Evidence.—(1) The party applying for the enforcement of a foreign award shall, at the time of
application produce before the Court—
         (a) the original award or a copy thereof duly authenticated in the manner required by the law of
     the country in which it was made;
          (b) evidence proving that the award has become final; and
          (c) such evidence as may be necessary to prove that the conditions mentioned in clauses (a) and
     (c) of sub-section (1) of section 57 are satisfied.
    (2) Where any document requiring to be produced under sub-section (1) is in a foreign language, the
party seeking to enforce the award shall produce a translation into English certified as correct by a
diplomatic or consular agent of the country to which that party belongs or certified as correct in such
other manner as may be sufficient according to the law in force in India.
     1
      [Explanation.—In this section and in the sections following in this Chapter, “Court” means the High
Court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award
if the same had been the subject-matter of a suit on its original civil jurisdiction and in other cases, in the
High Court having jurisdiction to hear appeals from decrees of courts subordinate to such High Court.]
                                                                              e
                                                                             od
    57. Conditions for enforcement of foreign awards.—(1) In order that a foreign award may be
enforceable under this Chapter, it shall be necessary that—
                                                                     aC
         (a) the award has been made in pursuance of a submission to arbitration which is valid under the
     law applicable thereto;
                                                              di
          (b) the subject-matter of the award is capable of settlement by arbitration under the law of India;
                                                         In
         (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.
     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.]
    (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;


1. Subs. by Act 3 of 2016, s. 23, for the Explanation (w.e.f. 23-10-2015).
2. Subs. by s. 24, ibid., for the Explanation (w.e.f. 23-10-2015).
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