An award made in a Hong Kong seated arbitration is a foreign award in India and is enforced under Part II of the Arbitration and Conciliation Act, because India has notified China, including Hong Kong, as a New York Convention territory. The application is made to the High Court with jurisdiction over the debtor's assets. Indian courts can refuse only on narrow grounds such as incapacity, lack of proper notice, excess of jurisdiction or conflict with the fundamental policy of Indian law.
- Document route
- Hong Kong notary, then apostille from the High Court
- Time difference
- IST is 2h30 behind Hong Kong all year (no daylight saving)
- Law
- Arbitration and Conciliation Act 1996
- Foreign awards
- Part II, sections 44 to 49
International Arbitration from Hong Kong: how it works
Before or during an arbitration in Hong Kong, we advise on the Indian side: whether the arbitration clause is wide enough, whether interim relief is needed against Indian assets, and how to serve the Indian party so that a later challenge on notice fails. Section 9 of the Act allows Indian courts to grant interim measures in support of foreign seated arbitrations unless the parties have excluded it, which is useful to freeze assets while the tribunal sits in Hong Kong.
Once you have the award, we file an enforcement petition with the original or certified award and arbitration agreement, plus translations if any part is not in English. The Indian party may file objections, and the court considers them in a single proceeding. If the court is satisfied, the award is deemed a decree and executed by attachment and sale. Hong Kong awards against Indian state entities or regulated companies can raise additional questions, such as sovereign approvals and RBI rules on remitting damages abroad, which we flag early.
What clients in Hong Kong should know
- India's notification of China covers Hong Kong, so the reciprocity requirement in Part II is generally treated as met for awards seated in Hong Kong.
- Sending the award money out of India after recovery is a current account remittance and usually needs Form 15CA and 15CB and bank documentation.
- Hong Kong court orders supporting the arbitration are not themselves arbitral awards, so they follow the section 44A or fresh suit route instead.
Step by step from Hong Kong
Video consultation
A call at a time that suits Hong Kong, after we have read your documents.
Documents signed in Hong Kong
Hong Kong notary, then apostille from the High Court
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 Hong Kong where needed.
The full guide
This page covers what changes when you are in Hong Kong. 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 Hong Kong and the Disputes & Enforcement practice area.
Questions from clients in Hong Kong
Can an Indian court set aside a Hong Kong award?
No. Only the courts of the seat, Hong Kong, can set it aside. Indian courts can only refuse to enforce it in India on the limited grounds in section 48.
Can I seek a freezing order in India during a Hong Kong arbitration?
Generally yes, under section 9 of the Act, unless the contract excludes it. The Indian court looks at urgency and the risk of assets being dissipated.
Do Hong Kong awards need stamping in India?
Stamp duty questions on foreign awards are less settled than for domestic awards, and practice varies by state. We advise on the position for the court where enforcement is sought.