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1 - 10 of 38 (0.31 seconds)Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
Article 32 in Constitution of India [Constitution]
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Article 34 in Constitution of India [Constitution]
Bhatia International vs Bulk Trading S. A. & Anr on 13 March, 2002
59. No submission on the part of the respondents remains unaddressed. I
have already observed that upon testing the instant case on the principles of
law laid down in the case of Bhatia International (supra) as well as Venture
Global (supra), no inference as to express or implied exclusion of the Part 1
of the Arbitration and Conciliation Act, 1996 can be drawn. Resultantly, the
objection raised by the respondents relating to lack of jurisdiction of Indian
court on the count of express choice of laws provisions cannot be sustained
as Indian laws including provisions of Part 1 of the Act are not expressly nor
impliedly excluded. The said objection is therefore rejected.
The Companies Act, 1956
V. C. Rangadurai vs D. Gopalan And Ors on 4 October, 1978
f) It is argued by Mr.Singhvi that in the present case, it is agreed that in
the present the parties‟ arbitration agreement is governed by English
law. The parties have chosen London as the seat of this arbitration. It
follows on the authority C v D that they have agreed that any
challenge to any award is to be brought only in the courts of England.
It further follows that the provisions of Part I of the 1996 Act are
necessarily excluded as being wholly inconsistent with that
agreement. Thus the petitioner is entitled to challenge any award
rendered in this arbitration primarily in accordance with Section 67 of
the Arbitration Act 1996 of England and Wales, which would entitle
OMP No.46/2013 Page 20 of 61
the petitioner to a rehearing of the issue by the English Courts rather
than a mere review of the arbitral tribunal‟s decision (as explained in
Russell on Arbitration, 23rd Edition, at paragraph 8-060). The
Respondents note that in respect of the Final Partial Award on
Arbitrability, the time limit for the petitioner‟s application under the
English Act (of 28 days) has expired and it would have to seek the
English Court‟s discretion to make its application out of time.