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Section 56, Arbitration & Conciliation Act 1996: Evidence

Section 56 (Evidence) is under Chapter II (Geneva Convention Awards) of the Part II (Enforcement Of Certain Foreign Awards) of the Arbitration and Conciliation Act, 1996.

The contents of the section  is reproduced hereunder:—

(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.

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.

Extra Notes for Readers

(1) Section 56 was amended by the Arbitration and Conciliation (Amendment) Act, 2015 (w.e.f. 23 Oct 2015), as follows:

i. New 'Explanation' mentioned at the bottom of section 56 was substituted for the earlier 'Explanation'.

This page was last updated on 31st December, 2017.

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