LI Network
Published on: October 23, 2023 at 13:11 IST
The High Court of Jammu & Kashmir has ruled that filing an English translated copy certified by an official or sworn translator complies with Section 47(2) of the Arbitration and Conciliation (A&C) Act.
This section mandates that if an award is in a foreign language, a translated copy must be filed for the enforcement of the foreign award, and it should be certified by the Consular or Diplomatic agent of the award holder’s country.
Justice Rajnesh Oswal of Jammu and Kashmir and Ladakh High Court, interpreted Article V of the New York Convention in conjunction with Article 47 of the A&C Act. This interpretation concluded that an English translated copy certified as accurate by an official or sworn translator in the country where the award was made satisfies Section 47. This ensures that the award’s content remains unaltered during translation into English.
The Court also confirmed that Part-II of the A&C Act, 1996 applies to the former State of Jammu and Kashmir, and the absence of Part-II from Section 1(2) of the A&C Act does not exclude its applicability to the former State of J&K.
Background:
The petitioner sought the enforcement of a foreign award issued on 11.02.2015, delivered in Germany and written in German. The petitioner submitted a translation of the award prepared by Dr. Ralph A Fellow, a certified translator endorsed by the General Federal Ministry of Education and Research, Germany.
Objections Raised:
The award debtor raised objections regarding the applicability of Part-II of the A&C Act to the former State of J&K and the petitioner’s non-compliance with Section 47(2) of the A&C Act, which requires the translation to be certified by the Diplomatic or Consular agent of the award holder’s country.
Court’s Analysis:
The Court rejected the objection concerning the non-applicability of Part-II of the Act to the former State of J&K, citing the Supreme Court’s decision in BALCO[1], which extended Part-II to the former State of J&K.
Addressing the objection regarding the absence of a translation certified by the Diplomatic and Consular agent, the Court emphasized that the petitioner had submitted a translated copy certified by Dr. Ralph A Fellow, a publicly appointed interpreter and translator endorsed by the General Federal Ministry of Education and Research, Germany.
The Court noted that the respondent had not disputed Dr. Ralph’s status or competence but had raised technical objections under Section 47(2) to obstruct and delay the award’s execution.
The Court concluded that filing an English translated copy certified by an official or sworn translator satisfies the requirements of Section 47(2) of the A&C Act, which demands a translated copy when the award is in a foreign language for the purpose of foreign award enforcement.
In essence, the Court’s interpretation harmonized the New York Convention with the A&C Act, ensuring that the English translation, when certified by a sworn or official translator from the award’s country of origin, meets the necessary compliance standards of Section 47.
As a result, the objections raised were dismissed.
Case Title: CRP FOOD IMPORT-EXPORT v. KASHMIR KESAR MART, EXA NO. 01 OF 2026 Date: 13.10.2023