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“2. The National Thermal Power Corporation (the ‘NTPC’) appeals from the judgment of the Delhi High Court in FAO (OS) No. 102 of 1990 dismissing the NTPC's application filed under Sections 14, 30 and 33 of the Arbitration Act, 1940 (No. X of 1940) to set aside an  interim award made at London by a tribunal constituted by the International Court of Arbitration of the International Chamber of Commerce (the “ICC Court”) in terms of the contract made at New Delhi between the NTPC and the respondent — the Singer Company (the ‘singer’) for the supply of equipment, erection and commissioning of certain works in India. The High Court held that the award was not governed by the Arbitration Act, 1940; the arbitration agreement on which the award was made was not governed by the law of India; the award fell within the ambit of the Foreign Awards (Recognition and Enforcement) Act, 1961 (Act 45 of 1961) (the ‘Foreign Awards Act’); London being the seat of arbitration, English courts alone had jurisdiction to set aside the award; and, the Delhi High Court had no jurisdiction to entertain the application filed under the Arbitration Act, 1940.

30. Thus, this Court for the first time in NTPC (supra) laid down the Doctrine of Concurrent jurisdiction in arbitration albeit in a limited sense inasmuch as the exercise of concurrent jurisdiction by two different but competent courts was limited only to matters of procedure and conduct of arbitration, and that the exercise of jurisdiction by courts at the seat or situs of arbitration over the arbitration agreement and its ancillaries was still regarded to be an exclusive jurisdiction.