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Issues: Whether the curial law governing the arbitration proceedings continued to govern the filing of the award in court after the arbitral proceedings were concluded, and whether the Indian courts had jurisdiction to receive the award.
Analysis: The curial law governs the conduct and procedure of the arbitration only during the pendency of the arbitral reference. Its authority is confined to ensuring that the proceedings before the arbitrator conform to the procedural law of the seat. Once the arbitrator makes the award, the reference is concluded, the arbitrator becomes functus officio, and questions relating to filing, enforcement, or challenge of the award are governed not by the curial law but by the law governing the arbitration agreement and its performance. On the facts, the contract was governed by Indian law, the Foreign Awards (Recognition and Enforcement) Act, 1961 did not apply by reason of Section 9(b), and Section 14(2) of the Indian Arbitration Act, 1940 entitled the Indian court to receive the award.
Conclusion: The objection based on curial law failed, and the Indian court had jurisdiction to receive the award; the appeal was liable to be dismissed.
Ratio Decidendi: Curial law regulates only the conduct of the arbitration proceedings until the award is made, while filing and enforcement of the award are governed by the law applicable to the arbitration agreement and the statutory regime governing enforcement.
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