Arbitration and Conciliation Act Section 56 — Evidence

CHAPTER II

Civil

Summary

Sub-section (1) requires the party asking the court to enforce a foreign award to produce certain documents at the time of making the application.

Under clause (a) of sub-section (1), the party must produce the original award, or a copy of it that has been properly authenticated in the way required by the law of the country where the award was made.

Under clause (b) of sub-section (1), the party must produce evidence showing that the award has become final.

Under clause (c) of sub-section (1), the party must produce whatever evidence is needed to prove that the conditions mentioned in clauses (a) and (c) of sub-section (1) of section 57 are satisfied.

Sub-section (2) states that if any document that needs to be produced under sub-section (1) is in a foreign language, the party seeking enforcement must provide a translation into English. This translation must be certified as correct either by a diplomatic or consular agent of the country to which that party belongs, or in any other manner that is considered sufficient under the law in force in India.

The explanation clarifies that, for this section and the sections that follow in this Chapter, the term Court means the High Court that has original jurisdiction to decide the questions that form the subject-matter of the arbitral award, if those questions had been the subject-matter of a suit on its original civil jurisdiction. In other cases, it means the High Court that has jurisdiction to hear appeals from decrees of courts subordinate to that High Court.

Official Text

(1) The party applying for the enforcement of a foreign award shall, at the time of application produce before the Court—

(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) evidence proving that the award has become final; and

(c) such evidence as may be necessary to prove that the conditions mentioned in clauses

(a) and

(c) of sub-section (1) of section 57 are satisfied.

(2) Where any document requiring to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in India. 1[Explanation.—In this section and in the sections following in this Chapter, “Court” means the High Court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award if the same had been the subject-matter of a suit on its original civil jurisdiction and in other cases, in the High Court having jurisdiction to hear appeals from decrees of courts subordinate to such High Court.]