Awards from China, Singapore and Hong Kong are foreign awards under Part II of the Arbitration and Conciliation Act 1996, because China, Singapore and Hong Kong are notified New York Convention territories for India. An Indian court will enforce such an award unless a limited ground in section 48 applies. Indian courts can also grant interim relief in support of foreign-seated arbitration where the agreement does not exclude it.
- Document route
- Chinese notary office and apostille, or Indian mission attestation
- Time difference
- IST is 2h30 behind China all year
- Law
- Arbitration and Conciliation Act 1996
- Foreign awards
- Part II, sections 44 to 49
International Arbitration from China: how it works
Before a dispute, we draft clauses that name the seat, institution, rules and language, and avoid pitfalls that have caused problems in Indian courts. During a dispute, we advise on strategy, apply to Indian courts for interim measures such as attachment of assets, and act as Indian law counsel in the arbitration.
After an award, we file the enforcement petition in the High Court with jurisdiction over the Indian party's assets, answer objections under section 48 and pursue execution against bank accounts, receivables and property.
What clients in China should know
- Keep the original agreement and award, or certified copies, ready for enforcement.
- Ask for interim relief early if the Indian party may move assets.
- Enforcement objections are limited, but expect them to be raised.
Step by step from China
Video consultation
A call at a time that suits China, after we have read your documents.
Documents signed in China
Chinese notary office and apostille, or Indian mission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in China where needed.
The full guide
This page covers what changes when you are in China. For the law, the documents and the step-by-step procedure, read our main page on International Arbitration, or see all services for clients in China and the Disputes & Enforcement practice area.
Questions from clients in China
Can a CIETAC award be enforced in India?
Generally yes, as a New York Convention award, subject to section 48.
How long does enforcement take?
Often one to two years if contested, sooner if not.
Can we get an Indian court to freeze assets before the award?
Yes, interim measures under section 9 may be available.