https://www.taxtmi.com/caselaws?id=168917 A two-tier arbitration clause was analysed as consistent with party autonomy under the Arbitration and Conciliation Act, 1996, with the second-stage ICC process treated as appellate in nature and the later award held to supersede the earlier Indian award by merger. The ICC award was also treated as a foreign award under Section 44 because it arose from a written commercial arbitration agreement and was made in a Convention country. However, enforcement was refused under Section 48(1)(b) because the party was found to have been denied a fair and reasonable opportunity to present its case, leading to remittal for fresh disposal. en-us Tue, 09 May 2006 00:00:00 +0530 Wed, 25 Nov 2015 11:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168917 A two-tier arbitration clause was analysed as consistent with party autonomy under the Arbitration and Conciliation Act, 1996, with the second-stage ICC process treated as appellate in nature and the later award held to supersede the earlier Indian award by merger. The ICC award was also treated as a foreign award under Section 44 because it arose from a written commercial arbitration agreement and was made in a Convention country. However, enforcement was refused under Section 48(1)(b) because the party was found to have been denied a fair and reasonable opportunity to present its case, leading to remittal for fresh disposal. Case-Laws Companies Law Tue, 09 May 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168917