Arbitration in India is governed by the Arbitration and Conciliation Act 1996: awards made in India are enforced as court decrees once the three-month challenge window closes, and foreign awards are enforced under the New York Convention, which India applies only to commercial disputes and to awards from territories it has notified. Commercial claims worth Rs 3 lakh or more go to designated commercial courts and divisions, and a suit that does not need urgent relief must first go through pre-institution mediation. The Mediation Act 2023 and the enforcement of foreign court judgments could not yet be confirmed from official sources.
Arbitration seated in India
Part I of the 1996 Act applies when the seat is in India. An arbitration is international commercial arbitration when at least one party is foreign, for example a company incorporated outside India. Even when the seat is abroad, Indian courts can grant interim measures and assist with evidence unless the parties have excluded this, which matters if assets or evidence are in India.
For domestic arbitrations the award must be made within twelve months of completion of pleadings, extendable by six months by consent; for international commercial arbitrations this is a target rather than a deadline. A challenge to an Indian award must be filed within three months of receiving it, with at most thirty more days for sufficient cause. After that the award is enforced like a court decree.
The India International Arbitration Centre, set up under the India International Arbitration Centre Act 2019, offers institutional arbitration in New Delhi alongside other Indian and foreign institutions.123456
Enforcing foreign arbitral awards
India ratified the New York Convention on 13 July 1960 with effect from 11 October 1960, with reservations limiting it to awards made in another contracting state and to commercial relationships. Indian law treats an award as a foreign award only if it was made in a territory the Central Government has notified in the Official Gazette. Once a court finds a foreign award enforceable, it is deemed a decree of that court.
Before choosing a foreign seat for a contract with an Indian counterparty, check that the seat country has been notified; an award from a Convention country that has not been notified may face a harder enforcement route. The notification list was not verified.789
Commercial courts and mediation
Since 3 May 2018, commercial disputes with a specified value of Rs 3 lakh or more fall under the Commercial Courts Act 2015, heard by commercial courts (which States may set up at District Judge level) and commercial divisions of High Courts. Unless urgent interim relief is sought, the claimant must first try pre-institution mediation, which should finish within three months, extendable by two with consent; a settlement has the same effect as an arbitral award on agreed terms.
The Mediation Bill 2021 was passed by Parliament in August 2023 as the Mediation Act 2023. Which of its provisions are in force, and how it interacts with pre-institution mediation, was not confirmed here and should be checked before relying on a mediation strategy.10111213
| Item | Position | Source |
|---|---|---|
| Award deadline, domestic arbitration seated in India | 12 months from completion of pleadings, plus up to 6 months by consent | Arbitration Act s.29A |
| Challenge to an award made in India | 3 months from receipt, plus up to 30 days for sufficient cause | Arbitration Act s.34(3) |
| Foreign award | New York Convention award from a notified territory, made on or after 11 October 1960 | Arbitration Act s.44 |
| Commercial Courts Act threshold | Specified value of Rs 3 lakh or more | Commercial Courts Act s.2(1)(i) |
| Pre-institution mediation | 3 months, extendable by 2 months with consent | Commercial Courts Act s.12A |
How it works, step by step
- For an award made in India, wait for the three-month challenge period (plus any extension) to expire, then apply to execute it as a decree45Competent civil court or commercial court
- For a foreign award, confirm the seat is a notified territory and apply for enforcement under Part II89High Court or commercial court with jurisdiction
- For a commercial claim of Rs 3 lakh or more without urgent relief, start pre-institution mediation before filing suit1012Mediation authority designated under the Commercial Courts Act
No timings or fees are shown unless an official source states them.
Documents usually needed
- Signed contract containing the arbitration agreement or jurisdiction clause
- Original or certified copy of the arbitral award, with certified English translation where needed
- Evidence that the seat country is a New York Convention state notified by India
- Record of pre-institution mediation (or grounds for urgent interim relief) before filing a commercial suit
- Board resolution or power of attorney authorising the enforcement or claim proceedings
Common mistakes
- Choosing a foreign seat without checking whether India has notified that country for New York Convention enforcement.
- Missing the three-month window to challenge an Indian award; the extra thirty days are discretionary and final.
- Filing a commercial suit without first attempting pre-institution mediation when no urgent relief is sought.
- Not excluding, or not using, Indian court interim relief in a foreign-seated arbitration when assets are in India.
- Assuming a foreign court judgment can be enforced like an arbitral award; foreign judgments follow a separate reciprocity regime.
When the business crosses borders
- Awards from other New York Convention states are enforceable in India as decrees, subject to India's reciprocity and commercial reservations and the notified-territory list.
- Indian courts can grant interim measures in support of a foreign-seated international commercial arbitration unless the parties agree otherwise.
- A party incorporated outside India makes an arbitration international commercial arbitration, which changes how the award deadline applies.
- Foreign court judgments are enforced under a separate reciprocity-based regime that was not verified.
Questions businesses ask
Will an award from a Singapore, London or Dubai seated arbitration be enforceable in India?
India enforces New York Convention awards on commercial disputes made in territories the Central Government has notified, and treats an enforceable foreign award as a court decree. Check that the specific seat country is notified.789
How long does an Indian-seated arbitration have to produce an award?
For a domestic arbitration, twelve months from completion of pleadings, extendable by up to six months by consent. For an international commercial arbitration the twelve months is a target.3
Can we go straight to court on an unpaid commercial invoice?
If the claim is Rs 3 lakh or more and you are not seeking urgent interim relief, you must first try pre-institution mediation under the Commercial Courts Act.1012
Is India a New York Convention country?
Yes. India ratified the Convention on 13 July 1960 and it has applied since 11 October 1960, with the reciprocity and commercial reservations.7
What this guide does not yet confirm
These points need checking with a qualified local professional in India before you rely on them.
- The Arbitration and Conciliation Act text checked is the consolidated version last updated 12 March 2021 (hosted by the IIAC); any later amendment and the status of the Arbitration and Conciliation (Amendment) Bill were not checked.
- The list of countries notified by India as reciprocating for New York Convention enforcement was not verified.
- The Mediation Act 2023: commencement of its provisions, time limits, enforcement of mediated settlements and its effect on section 12A of the Commercial Courts Act were not verified on an official page.
- Enforcement of foreign judgments under section 44A of the Code of Civil Procedure and the list of reciprocating territories were not verified.
- Commercial Courts Act points rely on the 2018 amending Act; the current consolidated text and court-level pecuniary jurisdiction in each State were not checked.
Sources and review status
Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 19 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.
Part I of the Arbitration and Conciliation Act 1996 applies where the place of arbitration is in India, and, unless the parties agree otherwise, its provisions on interim measures by courts (section 9), court assistance in taking evidence (section 27) and related appeals also apply to international commercial arbitrations seated outside India. Section 2(2) and proviso. Central law.
Consolidated text hosted by the IIAC; the cover reads 'Last update 12-3-2021' although the file name refers to 27.01.2023. India Code could not be fetched. Any amendment after March 2021 was not checked.
An arbitration is an international commercial arbitration under Indian law where the dispute is commercial and at least one party is an individual who is a foreign national or habitually resident abroad, a body corporate incorporated outside India, an association managed and controlled outside India, or a foreign government. Section 2(1)(f), Arbitration and Conciliation Act 1996. Central law.
Consolidated text hosted by the IIAC; the cover reads 'Last update 12-3-2021' although the file name refers to 27.01.2023. India Code could not be fetched. Any amendment after March 2021 was not checked.
In an arbitration seated in India that is not an international commercial arbitration, the award must be made within twelve months of completion of pleadings, which the parties may extend by consent by up to six months; in an international commercial arbitration the tribunal should endeavour to meet the same twelve-month period. Section 29A(1) and (3), Arbitration and Conciliation Act 1996. Central law.
Consolidated text hosted by the IIAC; the cover reads 'Last update 12-3-2021' although the file name refers to 27.01.2023. India Code could not be fetched. Any amendment after March 2021 was not checked.
An application to set aside an arbitral award made in India must be filed within three months of receiving the award, and the court may allow a further thirty days for sufficient cause but not more. Section 34(3), Arbitration and Conciliation Act 1996; time runs from disposal of any correction or interpretation request under section 33 where one is made. Central law.
Consolidated text hosted by the IIAC; the cover reads 'Last update 12-3-2021' although the file name refers to 27.01.2023. India Code could not be fetched. Any amendment after March 2021 was not checked.
Once the time for applying to set aside an award made in India has expired, the award is enforced under the Code of Civil Procedure 1908 in the same manner as a decree of the court. Section 36(1), Arbitration and Conciliation Act 1996. Central law.
Consolidated text hosted by the IIAC; the cover reads 'Last update 12-3-2021' although the file name refers to 27.01.2023. India Code could not be fetched. Any amendment after March 2021 was not checked.
The India International Arbitration Centre was established by Act No. 17 of 2019 (originally the New Delhi International Arbitration Centre Act) and renamed by the 2022 amendment (Act No. 23 of 2022). Central statutory institution.
Institution of national importance status. Independent check 19 Oct 2026: the page does not state the institution-of-national-importance declaration, so that point is not claimed.
India signed the New York Convention on 10 June 1958, ratified it on 13 July 1960 and has applied it since 11 October 1960, with reservations limiting it to awards made in another contracting state and to differences arising from relationships considered commercial under Indian law. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958); India's declarations correspond to footnotes (a) and (c) of the UNCITRAL status table.
A foreign award under Indian law is an award on commercial differences made on or after 11 October 1960 under a written agreement to which the New York Convention applies, in a territory that the Central Government has declared by notification in the Official Gazette to be a territory to which the Convention applies. Section 44, Arbitration and Conciliation Act 1996 (Part II, Chapter I). Central law.
Consolidated text hosted by the IIAC; the cover reads 'Last update 12-3-2021' although the file name refers to 27.01.2023. India Code could not be fetched. Any amendment after March 2021 was not checked. The list of notified territories was not checked.
Where an Indian court finds a foreign award enforceable, the award is deemed to be a decree of that court. Section 49, Arbitration and Conciliation Act 1996. Central law.
Consolidated text hosted by the IIAC; the cover reads 'Last update 12-3-2021' although the file name refers to 27.01.2023. India Code could not be fetched. Any amendment after March 2021 was not checked.
A commercial dispute falls under the Commercial Courts Act 2015 where its specified value is not less than Rs 3 lakh, reduced from Rs 1 crore by the 2018 amendment, which is deemed to have come into force on 3 May 2018. Section 2(1)(i) of the Commercial Courts Act 2015 as amended by Act No. 28 of 2018. Central law.
Gazette of India Extraordinary, Part II, Section 1, No. 41 of 21 August 2018, hosted by PRS; India Code could not be fetched. Later amendments (including any consequential change made by the Mediation Act 2023) were not checked.
State Governments may, after consulting the High Court, constitute Commercial Courts at District Judge level. Proviso to section 3(1) of the Commercial Courts Act 2015 as amended in 2018. State implementation varies.
Gazette of India Extraordinary, Part II, Section 1, No. 41 of 21 August 2018, hosted by PRS; India Code could not be fetched. Later amendments (including any consequential change made by the Mediation Act 2023) were not checked.
A commercial suit that does not seek urgent interim relief cannot be filed until the plaintiff has exhausted pre-institution mediation, which must be completed within three months (extendable by two months with the parties' consent), and a settlement reached has the same status and effect as an arbitral award on agreed terms. Section 12A, Commercial Courts Act 2015, inserted by Act No. 28 of 2018. Central law.
Gazette of India Extraordinary, Part II, Section 1, No. 41 of 21 August 2018, hosted by PRS; India Code could not be fetched. Later amendments (including any consequential change made by the Mediation Act 2023) were not checked.
The Mediation Bill was passed by the Rajya Sabha on 1 August 2023 and the Lok Sabha on 7 August 2023. Central law. Commencement of its provisions was not confirmed.
Secondary source: official pages for the enacted Act (India Code, Department of Legal Affairs) could not be fetched. The PRS summary describes the 2021 Bill as introduced, which may differ from the enacted text, so its content is not relied on here. Independent check 19 Oct 2026: the tracker stops at passage; assent and commencement of the Mediation Act 2023 are not confirmed here.
Questions on this topic
13 statements on courts, arbitration and enforcement in India
