In Emkay Global Financial Services Ltd. v. Girdhar Sondhi, (2018) 9 SCC 49 a question arose under the pari materia provision contained in Section 34 as to what the expression ‘proof’ means therein. After referring to a number of High Court Judgments, and Section 34, in which the expression “furnishes proof” is now substituted by “establishes on the basis of the record of the Arbitral Tribunal”, this Judgment held, the expression ‘proof’ cannot possibly mean the taking of oral evidence as it will otherwise defeat the object of speedy disposal.

Given that Foreign Awards need to be enforced as speedily as possible, the same logic would apply to Section 48, as a result of which the expression ‘proof’ in Section 48 would only mean “established on the basis of the record of the Arbitral Tribunal” and such other matters as are relevant to the grounds contained in Section 48.

– Hon’ble Justice R.F. Nariman, Gemini Bay Transcription v. Integrated Sales Service Ltd., [Civil Appeal Nos. 8343-8344 of 2018].