AIR 2017 SUPREME COURT 1372 ::2017 (3) ABR 283 ::AIR 2017 SC (Civil) 1201

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): S. A. Bobde, Ashok Bhushan , JJ

Arbitration and Conciliation Act (26 of 1996) , S.34, S.42 Part I— Arbitral award - Petition for setting aside - Maintainability - Applicability of Part -I - Parties chose and agreed to arbitration being conducted outside India - Arbitration in fact held outside India - Clear case of exclusion of Part I of Act - Petition for setting aside award under S. 34 therefore, not maintainable. 2013 (6) Bom CR 654, Reversed. Place of arbitration determines law that will apply to arbitration and related matters like challenges to award etc . If in pursuance of arbitration agreement, arbitration took place outside India, there is a clear exclusion of Part-I of Arbitration Act. In present case, parties expressly agreed that arbitration will be conducted according to ICC Rules of Arbitration and left place of arbitration to be chosen by ICC. The ICC in fact, chose london as seat of arbitration after consulting parties. The arbitration was held in London without demur from any of parties. All the awards i.e. two partial final awards, and third final award, were made in London and communicated to parties. Thus, it is a clear case of exclusion of Part -I. Hence, petition for setting aside award under S. 34 would not be maintainble. 2013 (6) Bom CR 654, Reversed.(Para 30 31 32 33) ....