2002 (12) TMI 631

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....sued pro forma invoice dated 22/6/2001 wherein one of the clauses provides as under: "Any disputes or claims will be submitted to arbitration in New York." The abovesaid clause is treated by the petitioner as arbitration contract between the parties. 3. The petitioner opened an L/C as demanded by the respondent and agreed to by the petitioner. The shipment of the goods arrived at Nhava Sheva Port at Mumbai. The goods on inspection were found to be not conforming to the sample of goods. The petitioner held the respondent guilty of breach of contract and demanded damages and compensation along with refund of the amount of L/C with interest. Vide legal notice dated 22/11/2001 the petitioner called upon the respondent to join in C....

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....not in India. He submitted that the contract was to be performed in India; it is here that the breach of contract has taken place. Therefore, a petition under s.11 of the Act is maintainable before the Chief Justice of India or his designate. 5. In National Thermal Power Corpn. Vs. Singer Co. a question arose as to the applicability of Indian law when one of the contracting parties was a foreigner. Though the case is pre-1996, certain observations made therein are apposite. In case of conflict of laws, the Supreme Court of India has opined that for arbitration, the selection of the place of arbitration may have little significance where it is chosen, as is often the case, without regard to any relevant or significant link with the place. T....