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September 2013

Challenge to Arbitration Award issued in foreign country should be in the country where award is published

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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In the present case, the parties agreed that the arbitration would be held at Geneva, Switzerland. Hence, the Swiss law could be the curial law. The parties agreed, rules framed by ICC, Paris would be the appropriate procedure. In any event, Indian law would have no role to play when the parties expressly agreed that they would have sitting of arbitration abroad where Indian law would have no force.

When there was no express designated venue, the law applicable to the seat of arbitration would be the curial law.

If a contracting party feels, his counterpart in contract committed any breach, place of committing of breach would be ordinarily place where he should ventilate his grievance. Similarly, when arbitration is held in a particular place and losing party feels, the Tribunal did not decide issue in the way it ought to have, he has to approach the Court where arbitration was held and/or award was published unless parties mutually agree to be guided by another law or law of place where contract was performed.

Coal India Ltd vs. Canadian Commercial Corporation AIR 2013 (NOC) 265 (Cal.)

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