India's Arbitration and Conciliation Act 1996 has two tracks. Part I governs arbitrations seated in India, including international commercial arbitrations with a foreign party. Part II governs awards made abroad: an award from a New York Convention country notified by India is enforced through the High Court under sections 44 to 49, and can be refused only on the narrow grounds in section 48. Since the 2015 amendment, public policy cannot be used to review the merits of a foreign award.
- Law
- Arbitration and Conciliation Act 1996
- Foreign awards
- Part II, sections 44 to 49
- Enforcing court
- High Court (commercial division)
- Interim relief
- Section 9, also for foreign seats
Why the seat of arbitration matters
The seat is the legal home of the arbitration. It is not just the city where hearings take place. If the seat is in India, Part I of the Act applies in full: Indian courts appoint arbitrators if the parties cannot agree (section 11), grant interim relief (section 9) and hear challenges to the award (section 34). If the seat is abroad, for example Singapore, London or Paris, the courts of that country supervise the arbitration and Indian courts only step in to give interim relief and enforce the award.
The Supreme Court settled this in Bharat Aluminium Co. v. Kaiser Aluminium (BALCO, 2012): for arbitration agreements made after 6 September 2012, Part I does not apply to arbitrations seated outside India. Before BALCO, Indian courts sometimes set aside foreign awards, which is why older contracts still need care. The Court later confirmed in PASL Wind Solutions v. GE Power Conversion (2021) that even two Indian parties may choose a foreign seat.
For a foreign company, a neutral foreign seat with an established institution is often the safer choice. An Indian seat can make sense where the assets, witnesses and the Indian party are all in India and the value does not justify foreign costs.
Part I and Part II compared
| Question | Seat in India (Part I) | Seat abroad (Part II) |
|---|---|---|
| Who supervises? | Indian courts | Courts of the foreign seat |
| Challenge to the award | Section 34 in India, within 3 months plus 30 days | Only at the seat; in India only resistance to enforcement |
| Interim relief in India | Section 9 and section 17 (tribunal) | Section 9 through the proviso to section 2(2), unless excluded |
| Enforcement | As a decree after the challenge period | High Court petition under sections 47 to 49 |
| Grounds to refuse | Section 34 grounds, including patent illegality for domestic awards | Section 48 grounds only; no patent illegality |
Patent illegality on the face of the award is not a ground to set aside an award in an international commercial arbitration, even when it is seated in India. That was another change made by the 2015 amendment.
Freezing assets in India while the arbitration runs
The biggest practical worry for foreign claimants is that the Indian party will move its assets before the award. The proviso to section 2(2), inserted in 2015, lets Indian courts grant interim measures under section 9 in an international commercial arbitration seated abroad, unless the parties have agreed otherwise. A foreign company can therefore ask an Indian High Court to secure the amount in dispute, restrain the sale of property or preserve goods, before or during the arbitration.
If the court grants relief before the arbitration starts, the arbitration must begin within 90 days. Orders of emergency arbitrators are also relevant: in Amazon v. Future Retail (2021) the Supreme Court held that an emergency award in an India-seated arbitration under institutional rules is enforceable. For foreign-seated emergency awards, the safer route is still a section 9 application in India.
Enforcing a foreign award in India
India enforces New York Convention awards made in a country that the Central Government has notified as reciprocating. Most major arbitration seats are notified, including Singapore, the UK, the USA, France, Switzerland and Hong Kong. The award holder files a petition in the High Court that has jurisdiction over the assets or the award debtor, with the original award or a certified copy, the arbitration agreement and evidence that the award is foreign (section 47). Documents in a foreign language need an English translation.
The award debtor can resist only on the grounds in section 48: incapacity of a party, an invalid agreement, lack of proper notice, the award going beyond the submission, an irregular tribunal or procedure, the award not yet being binding or having been set aside at the seat, non-arbitrability, or conflict with the public policy of India. After 2015, public policy is limited to fraud or corruption, contravention of the fundamental policy of Indian law, and conflict with the most basic notions of morality or justice, and the court cannot review the merits. Once the court is satisfied, the award is deemed a decree of that court (section 49) and is executed against bank accounts, receivables and property. The Supreme Court has held that a three-year limitation period applies to filing the enforcement petition, so do not wait.
Choosing an institution and drafting the clause
Ad hoc arbitration in India has a reputation for delay. Institutional rules give a timetable, an appointing authority and scrutiny of the award. Foreign parties dealing with Indian counterparties commonly use SIAC, ICC, LCIA or HKIAC, and Indian institutions such as the Mumbai Centre for International Arbitration (MCIA) and the India International Arbitration Centre in New Delhi. A good clause names the seat (not just the venue), the institution, the number of arbitrators, the language and the governing law of the contract.
If you already have a contract with an unclear clause, we review it before you start: a clause that says only "arbitration in India" or names a venue without a seat often leads to an avoidable court fight. For new deals, see our work on commercial contracts under Indian law.
How we handle it while you stay abroad
Most of the work in an arbitration with an Indian party can be done without travel. We take instructions on video calls in your time zone, collect documents by email, and prepare witness statements that your officers sign where they are. Hearings before most institutions can be virtual. In Indian court proceedings for interim relief or enforcement, we appear for you, and affidavits sworn abroad are notarised and apostilled or consular-attested for use in India. If the Indian party has no assets worth chasing, we tell you that before you spend on enforcement; a recovery strategy may then suit you better.
Documents you need
Send us scans first. Originals or certified copies are needed only when we file in an Indian court.
- The contract containing the arbitration clause
- Correspondence and notices exchanged with the Indian party
- The arbitral award, signed, or a certified copy
- English translation of any document in another language
- Board resolution or authority for the person instructing us
- Apostilled or consular-attested power of attorney or vakalatnama
- Information on the Indian party's assets: bank accounts, property, receivables
How we handle it for you
Review the clause
We read the clause and the contract and confirm the seat, the institution and which Part of the Act applies.
Protect the assets
Where there is a risk of dissipation, we file for interim relief under section 9 in the right High Court.
Run or support the arbitration
We act as counsel or as Indian law counsel alongside your lawyers at the seat.
Enforce the award
We file the enforcement petition with the award, agreement and translations, and answer section 48 objections.
Execute and collect
Once the award is a decree, we attach bank accounts, receivables and property until it is paid.
Why clients choose ProudLegal
Built for clients abroadVideo calls in your time zone and documents signed where you live.
Advocates who appear in Indian courtsYour case is drafted and argued by enrolled advocates in India.
Written fee quote firstScope and fees confirmed in writing before any work starts.
Updates after every stepScans of every filing and order on WhatsApp and email.
Frequently asked questions
Can a foreign arbitral award be enforced in India?
Yes. An award made in a New York Convention country notified by India is enforced through the High Court under sections 47 to 49 of the Arbitration and Conciliation Act. Once the court rejects any objections, the award is treated as a decree of that court.
Can an Indian court set aside an award made in Singapore or London?
No. For agreements made after BALCO (6 September 2012), only the courts of the seat can set aside the award. An Indian court can only refuse to enforce it on section 48 grounds.
Is public policy still a risk for foreign awards?
Much less than before. Since 2015 it covers only fraud or corruption, contravention of the fundamental policy of Indian law and conflict with the most basic notions of morality or justice. The court may not review the merits.
Can I get interim relief in India for a foreign-seated arbitration?
Yes. The proviso to section 2(2) allows Indian courts to grant section 9 interim measures in foreign-seated international commercial arbitrations unless the parties excluded it.
Which court enforces a foreign award?
The High Court with jurisdiction over the subject matter, usually where the award debtor or its assets are located. Commercial disputes go to its commercial division.
How long does enforcement take in India?
It depends on the High Court and the objections raised. An uncontested petition can be decided within months; contested petitions and appeals take longer. Interim deposit orders can be sought meanwhile.
Do I need to travel to India?
Usually not. We appear in court, documents are signed and apostilled where you live, and many arbitral hearings are held online.
What does international arbitration cost?
Costs depend on the institution's fees, the arbitrators' fees, the amount in dispute and the number of hearings. We quote our fees for enforcement and court work in writing, stage by stage, before we start.