An award made in a Paris-seated arbitration is a foreign award in India and can be enforced under Part II of the Arbitration and Conciliation Act 1996, because France is a notified New York Convention country. Indian courts do not set aside foreign-seated awards; they only decide whether to enforce, on narrow grounds such as incapacity, lack of notice or conflict with the fundamental policy of Indian law. Interim relief in India is available during the arbitration unless excluded.
- Document route
- Notaire or mairie certification, then apostille from the cour d'appel
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Law
- Arbitration and Conciliation Act 1996
- Foreign awards
- Part II, sections 44 to 49
International Arbitration from France: how it works
Good outcomes start with the clause. It should name the seat, the institution, the rules, the language and the number of arbitrators, and it should avoid mixed signals such as Paris as venue but Indian law for the arbitration agreement. Under the BALCO line of cases, choosing a foreign seat excludes Part I of the Indian Act except for limited provisions, including interim relief from Indian courts under section 9 and court assistance in taking evidence. French companies should also check whether the Indian party is a public sector undertaking, which may raise extra procedural and approval issues.
When the award is ready, we file an enforcement petition in the appropriate Indian High Court or commercial court with the original award or a certified copy, the arbitration agreement and evidence that the award is foreign. If the award is in French, a certified English translation is filed. The Indian party may resist on the limited statutory grounds, and courts have narrowed the public policy defence considerably since 2015. Once enforcement is allowed, the award is executed as a decree against the Indian party's bank accounts and assets.
What clients in France should know
- Emergency arbitrator orders from a foreign-seated arbitration are not directly enforceable in India as awards, so plan for a section 9 application in an Indian court if urgent relief against Indian assets is needed.
- Indian courts may refuse enforcement where the award is contrary to the most basic notions of justice, but they do not reopen the merits of a Paris award.
- Enforcing a French court judgment, rather than an award, requires a fresh suit in India, which is one more reason to prefer arbitration for Indian counterparties.
Step by step from France
Video consultation
A call at a time that suits France, after we have read your documents.
Documents signed in France
Notaire or mairie certification, then apostille from the cour d'appel
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in France where needed.
The full guide
This page covers what changes when you are in France. For the law, the documents and the step-by-step procedure, read our main page on International Arbitration, or see all services for clients in France and the Disputes & Enforcement practice area.
Questions from clients in France
Can an Indian court set aside a Paris-seated award?
No. Only the courts of the seat, here France, can set it aside. Indian courts decide only whether it can be enforced in India.
Which Indian court hears enforcement of a foreign award?
Where the subject matter is commercial, the High Court with jurisdiction over the assets or the respondent, under the Commercial Courts Act framework.
Can we seek an asset freeze in India before the Paris tribunal is formed?
Yes, an Indian court can grant interim measures under section 9 in a foreign-seated arbitration, provided the parties did not agree to exclude it.