Foreign award execution can proceed directly once Section 47 requirements are met, without a separate enforceability proceeding.

A foreign award under Part II of the Arbitration and Conciliation Act, 1996 may be executed directly once the award-holder files the Section 47 documents, including the original award, arbitration agreement, and authenticated proof of its foreign-award status. The governing scheme does not require two separate proceedings for enforceability and execution. After the executing court satisfies itself that the Part II requirements are met, the award may proceed as a decree for enforcement purposes in the same proceeding, without a prior suit or separate application for a declaration of enforceability.

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Issues: Whether a foreign award under Part II of the Arbitration and Conciliation Act, 1996 can be directly executed without first taking out a separate proceeding for a formal determination of enforceability.

Analysis: The award-holder had filed the requisite documents under Section 47, including the original award, the arbitration agreement, and authenticated evidence showing that the award was a foreign award. Once those requirements are satisfied, the award becomes enforceable in the same proceeding. The governing principle applied was that the scheme of Part II does not require two distinct proceedings, one for enforceability and another for execution. The court relied on the Supreme Court's exposition that a foreign award is already stamped as a decree for enforcement purposes, and the executing court may proceed to execute it after satisfying itself that the Part II requirements are met.

Conclusion: A foreign award can be put in execution directly, and no separate proceeding is required merely to declare it enforceable.

Ratio Decidendi: A foreign award satisfying Section 47 of the Arbitration and Conciliation Act, 1996 may be executed in the same proceeding without a separate prior suit or application for a declaration of enforceability.

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