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Section 47 Arbitration and Conciliation Act, 1996

Arbitration and Conciliation Act, 1996

 

 

47. Evidence.—

 

 

(1) The party applying for the enforcement of a foreign award shall, at the time of the 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) the original agreement for arbitration or a duly certified copy thereof; and

 

(c) such evidence as may be necessary to prove that the award is a foreign award.

 

(2) If the award or agreement 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.

 

Explanation.—In this section and all the following sections of this Chapter, “Court” means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction over the subject-matter of the award if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes.

 

Comments

 

Production of documents at the time of application

 

An application for enforcement of award accompanied by Xerox copy of original award certified to be true copy by International Chamber of Commerce was filed and subsequently before delivery of judgment the said copy was duly authenticated as required under law, it was held that it would not be said that the application was made without the original award or the copy of the award; Renusagar Power Co. Ltd. v. General Electric Co., AIR 1985 SC 1156.

 

 

 

 

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Arbitration and Conciliation Act, 1996

 

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