Application for Enforcement of Foreign Award Shall Not Be Dismissed Merely For Non-Production of Requisite Documents ‘At The Time Of Application’: SC [Read Judgment]

“We make it clear that the said interpretation of the word “shall” as “may” is restricted only to the initial stage of the filing of the application and not thereafter”The Supreme Court has held that, at the initial stage of filing of an application for enforcement of a foreign award, non-compliance of the production of the documents mentioned in Section 47 of the Arbitration. “We make it clear that the said interpretation of the word “shall” as “may” is restricted only to the initial stage of the filing of the application and not thereafter” The Supreme Court has held that, at the initial stage of filing of an application for enforcement of a foreign award, non-compliance of the production of the documents mentioned in Section 47 of the Arbitration and Conciliation Act shall not entail in dismissal of the application for enforcement of an award. The validity of the agreement is decided only at a later stage of the enforcement proceedings.” Restricted only to the initial stage of the filing of the application and not thereafter However, the bench clarified: “Reading the word “shall” in Section 47 of the Act as “may” would only mean that a party applying for enforcement of the award need not necessarily produce before the Court a document mentioned therein “at the time of the application”. We make it clear that the said interpretation of the word “shall” as “may” is restricted only to the initial stage of the filing of the application and not thereafter” The bench also noted that in some other jurisdictions, the courts have held that the application for enforcement of the foreign awards does not warrant rejection for non-filing of the relevant documents including the award and the arbitral agreement.