Section 59 Arbitration Act: Enforcement of foreign awards

Section 59 of Arbitration and Conciliation Act, 1996: Enforcement of foreign awards

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from the order refusing to—

(a) refer the parties to arbitration under section 54;

(b) enforce a foreign award under section 57,

to the Court authorised by law to hear appeals from such order.

(2) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme Court.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arbitration Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 59

Section 59 of the Arbitration and Conciliation Act, 1996 contains a saving clause for Geneva Convention awards, preserving independent rights of enforcement available under general law or bilateral treaties.

Preservation of Rights: Nothing in Chapter II of Part II shall prejudice any rights which any person would have had of enforcing in India any award or of availing themselves of any award if this Chapter had not been enacted.
Dual Treaty Protection: Saves pre-existing common law rights and specialized reciprocal conventions.
Parallel Defence Validity: Allows an unexecuted Geneva award to be pleaded as a defense in Indian courts.

Key Landmark Precedents:

Renusagar Power Co. Ltd. v. General Electric Co., 1994 Supp (1) SCC 644: Discussed the preservation of non-statutory common law remedies under Section 59.
Fuerst Day Lawson Ltd. v. Jindal Exports Ltd., (2011) 8 SCC 333: Affirmed that statutory codification does not destroy accrued common law rights.

Courtroom Practice & Strategic Litigation Guidance:

Rely on Section 59 if procedural technicalities hamper statutory enforcement under Section 57, asserting the award as an acknowledged debt in a summary commercial suit.

Section 59: Enforcement of foreign awards

Section 59 of Arbitration and Conciliation Act, 1996: Enforcement of foreign awards

Legal Commentary & Landmark Judgments: Section 59