https://www.taxtmi.com/caselaws?id=287561 A stay of suit under section 34 of the Arbitration Act, 1940 remains discretionary even where the arbitration clause requires reference to a foreign tribunal. The court may refuse stay if sufficient reason exists, including serious practical difficulty in presenting the case abroad or prejudice to a party. On the facts, the evidence and witnesses were in India, sending them to New York would have caused substantial difficulty and risked an ex parte proceeding, and those circumstances justified refusal of stay. The refusal to stay the suit was therefore upheld. en-us Wed, 12 Dec 1962 00:00:00 +0530 Sat, 18 Apr 2020 16:22:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287561 A stay of suit under section 34 of the Arbitration Act, 1940 remains discretionary even where the arbitration clause requires reference to a foreign tribunal. The court may refuse stay if sufficient reason exists, including serious practical difficulty in presenting the case abroad or prejudice to a party. On the facts, the evidence and witnesses were in India, sending them to New York would have caused substantial difficulty and risked an ex parte proceeding, and those circumstances justified refusal of stay. The refusal to stay the suit was therefore upheld. Case-Laws Indian Laws Wed, 12 Dec 1962 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287561