2018 (5) TMI 326

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....NT Abhay Manohar Sapre, J. 1) Leave granted. 2) This appeal arises from the final judgment and order dated 27.07.2016 passed by the High Court of Delhi at New Delhi in FAO No.59 of 2016 whereby the Division Bench of the High Court dismissed the appeal filed by the Union of India (appellant herein) challenging the order dated 09.07.2015 passed by the Single Judge in OMP No.693 of 2013 and order dated 20.01.2016 in Review Petition No.400 of 2015 in OMP No.693 of 2013. 3) In order to appreciate the controversy involved in the appeal, few relevant facts, which lie in a narrow compass, need to be stated hereinbelow. 4) This appeal arises out of the proceedings (OMP 693/2013) filed by the appellant (Union of India) against the resp....

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....tion was dismissed on the ground of lack of jurisdiction of the Indian Courts, the Single Judge did not consider it necessary to decide the issues arising in the case on the merits. 9) The appellant (Union of India) felt aggrieved by the order of the Single Judge, filed appeal under Section 37(2) of the Act before the Division Bench of the High Court at Delhi. 10) By impugned judgment, the Division Bench concurred with the reasoning and the conclusion arrived at by the Single Judge and held that the Indian Courts have no jurisdiction to entertain the appellant's application under Section 34 of the Act to question the legality of award rendered in international commercial arbitration proceedings. 11) It is against this order, th....

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.... (2008) 1 Lloyd's Law Rep 239, Braes of Doune Wind Farm (Scotland) Limited vs. Alfred McAlpine Business Services Limited (2008) EWHC 426 (TCC), Shashoua and Ors. vs. Sharma (2009) EWHC 957 (Comm.), Sulamerica Cia Nacional De Seguros S.A. & Ors. vs. Enesa Engenharia SA & Ors., (2012) EWCA Civ 638, (1) Enercon GMBH (2) Wobben Properties GMBH vs. Enercon (India) Ltd. (2012) EWHC 3711 (Comm), Govt. of India vs. Petrocon India Ltd. (2016) SCC Online MYFC 35. Indian Cases: National Thermal Power Corporation vs. Singer Co. And Ors. (1992) 3 SCC 551, Sumitomo Heavy Industries Ltd. vs ONGC Ltd. and Ors. (1998) 1 SCC 305, Sundaram Finance Ltd. vs. NEPC India Ltd. (1999) 2 SCC 479, Bhatia International vs. Bulk Trading S.A. and Anr.(2002) 4 SCC 105....

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.... specify the "venue" for holding the arbitration sittings by the arbitrators but does not specify the "seat", then on what basis and by which principle, the parties have to decide the place of "seat" which has a material bearing for determining the applicability of laws of a particular country for deciding the post award arbitration proceedings. 18) Several other ancillary questions connected with the main question were also urged by the learned senior counsel with the aid of law laid down in the aforementioned cases and the terms of the arbitration agreement in question. 19) Learned counsel for the parties also addressed the Court by pointing out that some decisions which have bearing over the questions arising in this appeal have be....