https://www.taxtmi.com/caselaws?id=310374 Section 3 of the Foreign Awards (Recognition and Enforcement) Act, 1961 was construed by the majority as requiring an actual submission of the dispute or a completed reference to arbitration before a suit could be stayed; a mere arbitration clause or agreement to refer was not enough. The majority also accepted that a court may restrain a party within its jurisdiction from pursuing parallel foreign arbitration where justice and avoidance of competing proceedings so require, and treated practical hardship from foreign exchange restrictions as supporting relief. The dissent would have read the provision with the Convention and legislative history to treat an arbitration clause itself as sufficient for a mandatory stay, without prior reference. en-us Tue, 28 Oct 1969 00:00:00 +0530 Fri, 20 Oct 2023 14:35:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310374 Section 3 of the Foreign Awards (Recognition and Enforcement) Act, 1961 was construed by the majority as requiring an actual submission of the dispute or a completed reference to arbitration before a suit could be stayed; a mere arbitration clause or agreement to refer was not enough. The majority also accepted that a court may restrain a party within its jurisdiction from pursuing parallel foreign arbitration where justice and avoidance of competing proceedings so require, and treated practical hardship from foreign exchange restrictions as supporting relief. The dissent would have read the provision with the Convention and legislative history to treat an arbitration clause itself as sufficient for a mandatory stay, without prior reference. Case-Laws Indian Laws Tue, 28 Oct 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310374