concerned, Mr.
Sen submits that the Indian Arbitration Act, 1996 , broadly
categorizes the arbitration as domestic arbitration and foreign
awards in arbitrations. Mr. Sen took ... earlier
statutory arbitration regime, stay was discretionary in domestic
arbitration and mandatory in foreign arbitration (subject to the
validity of the arbitration agreement). The position
concerned, Mr.
Sen submits that the Indian Arbitration Act, 1996 , broadly
categorizes the arbitration as domestic arbitration and foreign
awards in arbitrations. Mr. Sen took ... earlier
statutory arbitration regime, stay was discretionary in domestic
arbitration and mandatory in foreign arbitration (subject to the
validity of the arbitration agreement). The position
arbitration which takes place in India by virtue of Section
2(2) would give rise to a “domestic award”; the arbitration which is
held abroad ... otherwise purely domestic
relationship, merely by choosing a situs of arbitration abroad
[ Article 1(3)(b)(i)] or even merely by labelling the arbitration
that the arbitration agreement is
null and void, inoperative or incapable of being performed, it will decline
to refer the parties to arbitration ... court in India in the first
suit and by arbitration abroad in regard to the second suit and invite
conflicting verdicts on the issues which
Shapoorji Pallonji And Co. Pvt. Ltd vs Rattan India Power Ltd & Anr. on 7
brought in England in defiance of an agreement to submit to arbitration
abroad will be stayed ... but nevertheless the court has a discretion
brought in England in defiance of an agreement to submit to arbitration abroad will be stayed the Cap Blanco ( (1913) P 130) Austrian Lloyd Steamship
brought in England in defiance of an agreement to submit to arbitration abroad will be stayed. The Cap Blanco (1913) P, 130, Austrian Lloyd Steamship
brought in England in defiance of an agreement to submit to arbitration abroad will be stayed The Cap, Blanco (1913) P. 130. Austrian Lloyd Steamship ... danger that foreign merchants will lose faith in the efficacy of arbitration clauses. It may be that, according to Cheshire, that case went
party will lack an efficacious remedy if the seat of the arbitration is abroad.
The latter party will have two possible remedies, but neither will ... would "lack
an efficacious remedy if the seat of the arbitration is abroad". As has been
observed by the Law Commission, in such
