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Section 58: Enforcement of Geneva Convention foreign awards

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Section 57 All 87 Sections Schedules (4th, 5th, 7th) Section 59

Legal Commentary & Landmark Judgments: Section 58

Section 58 of the Arbitration and Conciliation Act, 1996 provides that where the Court is satisfied that a Geneva Convention foreign award is enforceable under Chapter II, the award shall be deemed to be a decree of that Court.

  • Deemed Decree under Geneva Convention: Where the Court is satisfied that the foreign award is enforceable under this Chapter, the award shall be deemed to be a decree of that Court.
  • Direct Execution: Operates identically to Section 49, transforming the recognized award into an executable High Court decree without separate suits.
  • Attachment and Recovery: Enables the decree-holder to proceed immediately with execution under Order XXI of the Code of Civil Procedure, 1908.
Key Landmark Precedents:
  • Renusagar Power Co. Ltd. v. General Electric Co., 1994 Supp (1) SCC 644: The Supreme Court held that once the court records its satisfaction under Section 58, the foreign award automatically acquires the status of a domestic decree for execution purposes.
  • Fuerst Day Lawson Ltd. v. Jindal Exports Ltd., (2011) 8 SCC 333: Discussed the unified execution process under Section 58.
Courtroom Practice & Strategic Litigation Guidance:

Upon securing an order of satisfaction under Section 58, apply immediately for warrants of attachment against the judgment-debtor's movable and immovable properties under Order XXI CPC.

Section 57 All 87 Sections Schedules (4th, 5th, 7th) Section 59