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Supreme Court of India
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Arbitration Law
Bare Acts
The Arbitration and Conciliation Act, 1996
Section 51-THE THIRD SCHEDULE
Section 51
Section 52
Section 53
Section 54
Section 55
Section 56
Section 57
Section 58
Section 59
Section 60
Section 61
Section 62
Section 63
Section 64
Section 65
Section 66
Section 67
Section 68
Section 69
Section 70
Section 71
Section 72
Section 73
Section 74
Section 75
Section 76
Section 77
Section 78
Section 79
Section 80
Section 81
Section 82
Section 83
Section 84
Section 85
Section 86
Section THE FIRST SCHEDULE
Section THE SECOND SCHEDULE
Section THE THIRD SCHEDULE
Section 57- Conditions for enforcement of foreign awards

In order that a foreign award may be enforceable under this chapter it shall be necessary that -

(a) the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto;
(b) the subject-matter of the award is capable of settlement by arbitration under the law of India;
(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.

Explanation-
Without prejudice to the generality of clause (e) it is hereby declared for the avoidance of any doubt that an award is in conflict with the public policy of India if the making of the award was induced or effected by fraud or corruption.
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 who 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;
(c) the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions of matters beyond the scope of the submission to arbitration :

Provided that if the award has not covered all the differences submitted to the arbitral tribunal the court may if it thinks fit postpone such enforcement or grant it subject to such guarantee as the court may decide.
If the party against whom the award has been made proves that under the law governing the arbitration procedure there is a ground other than the grounds referred to in clauses (a) and (c) of sub-section (1) and clauses (b) and (c) of sub-section (2) entitling him to contest the validity of the award the court may if it thinks fit either refuse enforcement of the award or adjourn the consideration thereof giving such party a reasonable time within which to have the award annulled by the competent tribunal.
@2014 Indian Law

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