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Section 9 Not Extinguished by filing of Part II Foreign Arbitral Award Recognition Petition – 2026 Important Ruling of Bombay HC

March 11, 2026 legaldeli

Foreign Arbitral Award dated 23.3.2020.

The triggering point for enforcement of a foreign award under Section 46 is when the foreign award becomes enforceable under Chapter I of Part II i.e. when, under Section 49 of the Act, the Part II Court is satisfied that the foreign award is enforceable. It is at this stage that the foreign award is conferred with the status of a decree.

Therefore, I am unable to agree with the contentions of the Respondent about the Section 9 Court having no jurisdiction once a Petition for recognition under Part II is filed. The Petition filed under Part II is first and foremost a petition for recognition and thereafter, without the need for another fresh set of proceedings being filed, upon the foreign award being conferred with the status of a decree under Section 49 of the Act, the proceedings would stand translated into execution proceedings. At least until that stage, it would be clear that even the submissions of schematic anomaly cannot be countenanced. It is after the stage at which the foreign award becomes a decree of an Indian Court that the words “but before it is enforced in accordance with section 36” used in Section 9(1) of the Act would present any basis for the Section 9 Court to refrain from entertaining prayers for any protective measures, since at that stage execution proceedings would have commenced, without the need to file a new set of proceedings.

Commercial Arbitration Petition No.398 of 2025 of Osterrichischer Lloyd Seereederei (Cyprus) Ltd Vs. Victore Ships Pvt Ltd. With connected matters.

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