Section 47: Evidence to be produced for enforcement of foreign award

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
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Legal Commentary & Landmark Judgments: Section 47

Section 47 of the Arbitration and Conciliation Act, 1996 specifies the mandatory documentary evidence that a party applying for the enforcement of a foreign award under the New York Convention must produce before the High Court.

  • Mandatory Documents Required: The party applying for enforcement must produce: (a) the original award or a copy thereof, duly authenticated in the manner required by the law of the country in which it was made; (b) the original arbitration agreement or a duly certified copy thereof; (c) such evidence as may be necessary to prove that the award is a foreign award.
  • Certified English Translation: Section 47(2): If the award or agreement is in a foreign language, the party must produce a certified English translation by an official or sworn translator or diplomatic/consular agent.
  • Jurisdiction Vested Exclusively in High Court: Explanation (2015 Amendment): 'Court' means exclusively the High Court having original jurisdiction.
Key Landmark Precedents:
  • Gemini Bay Transcription (P) Ltd. v. Integrated Sales Service Ltd., (2022) 1 SCC 753: The Supreme Court authoritatively held that the requirements of Section 47 are procedural and formal; once the original or certified copy of the foreign award and agreement are produced, the initial burden is discharged and the award is prima facie enforceable.
  • Fuerst Day Lawson Ltd. v. Jindal Exports Ltd., (2011) 8 SCC 333: Affirmed that enforcement and execution of a foreign award can be pursued simultaneously in a single composite proceeding under Section 47-49.
Courtroom Practice & Strategic Litigation Guidance:

When filing a petition for enforcement of a New York Convention foreign award, file directly before the High Court within whose jurisdiction the judgment-debtor holds bank accounts or assets, annexing apostilled/consular certified copies and official English translations.