Campos Brothers Farms vs Matru Bhumi Supply Chain Pvt. Limited ... on 3 October, 2024
In the case of Union of India vs. Cairn Energy (India) Pvt. Ltd. 2011
SCC OnLine MYFC 35, the Malaysian High Court after considering the
Indian Judgments in ONGC vs. Saw Pipes Ltd. (2003) 5 SCC 705, explained
that the law applicable shall be the choice of the parties, which would have
to be considered to see if it provides for an Appeal on any question of law
arising out of an Award. It was further held that it is the court which has the
juridical Seat of Arbitration whose curial law would be applicable;
mandatory Procedural Rules will remain subject to the jurisdiction and
control of the Seat of Arbitration which would regulate the various aspects
of the arbitral proceedings. The courts at the Seat of Arbitration exercise
supervisory or primary jurisdiction over the arbitral proceedings except if
Signature Not Verified
Digitally Signed CS (COMM) 1173/2018 Page 18 of 27
By:VIKAS ARORA
Signing Date:13.10.2024
11:32:24
the parties have made an express and effective choice of a different lex
arbitri in which event the role of the Courts at the Seat will be limited to
those matters which are specified to be internationally mandatory and are of
a non-derogable nature. Therefore, any challenge to the merits to the Award
shall be ascertained according to the law of Seat of Arbitration.