A Swiss-seated arbitral award is a foreign award in India and is enforced under Part II of the Arbitration and Conciliation Act 1996, because Switzerland is a New York Convention state. The award holder files an enforcement petition in the High Court with jurisdiction over the Indian party's assets, with the original award and agreement or certified copies. The Indian party can resist only on the limited grounds in section 48. Once the court is satisfied, the award is enforced as a decree.
- Document route
- Swiss notary, then apostille from the cantonal State Chancellery
- Time difference
- India is 3h30 (summer) to 4h30 (winter) ahead
- Law
- Arbitration and Conciliation Act 1996
- Foreign awards
- Part II, sections 44 to 49
International Arbitration from Switzerland: how it works
Before a dispute arises, we review the arbitration clause: seat, institution (for example the Swiss Rules administered by the Swiss Arbitration Centre, or the ICC), governing law, and whether interim relief from Indian courts under section 9 is preserved for foreign-seated arbitration. During the arbitration, Indian counsel helps with evidence from India, Indian law expert opinion and protecting assets. Section 9 relief, such as an injunction against moving assets, can be sought in India for a foreign-seated arbitration unless the parties have excluded it.
After the award, we file the enforcement petition in the commercial division of the relevant High Court. The award debtor may object on grounds such as invalid agreement, lack of notice or conflict with the fundamental policy of Indian law; the Supreme Court has made clear that the public policy ground is narrow. If the court rejects the objections, the award is executed against bank accounts, receivables or property. Interest and costs awarded in Switzerland are generally enforced too, but conversion into rupees and the date of conversion should be argued.
What clients in Switzerland should know
- Swiss law allows parties to waive annulment proceedings at the seat in some cases; this does not affect the Indian enforcement stage, where section 48 still applies.
- India terminated its bilateral investment treaty with Switzerland, so Swiss investors now rely on contract arbitration and the trade agreement rather than investment treaty claims.
- Award documents in French or German need certified English translations for the Indian court, which should be prepared before filing.
Step by step from Switzerland
Video consultation
A call at a time that suits Switzerland, after we have read your documents.
Documents signed in Switzerland
Swiss notary, then apostille from the cantonal State Chancellery
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 Switzerland where needed.
The full guide
This page covers what changes when you are in Switzerland. 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 Switzerland and the Disputes & Enforcement practice area.
Questions from clients in Switzerland
How long does enforcement in India take?
It varies by court and objections. Commercial divisions aim for speed, but a contested enforcement can take one to two years including appeals.
Can the Indian party re-argue the merits?
No. Indian courts do not review the merits of a foreign award at the enforcement stage.
Can we get urgent asset protection in India before the award?
Yes, under section 9 of the Arbitration Act, which applies to foreign-seated arbitration unless excluded by the contract.