The court decided that an application for the execution of the foreign arbitration award can only be filed if the properties/property of the debtors` decision that may or may not be the chosen place of the parties to the subject of the arbitration proceeding. In addition, the Delhi Supreme Court also found that the penederbarkeit of a petition under Section 34 of the Arbitration Act, prior to the Rajasthan High Court with respect to the same case, will not prevent the decree holder from imposing the foreign arbitration award before the Delhi High Court, in the jurisdiction of which only a few mobile features of the decision were debitable. The Delhi Supreme Court has ruled that the reference to the phrase « Delhi courts alone have jurisdiction », it makes ex-facie obvious that Delhi was not designated as a court, but was appointed as the seat of arbitration. In addition, the court also found that the absence of the concept of « seat » in referring to the Delhi courts in the arbitration agreement between the parties does not change the fact that the Delhi courts have sole jurisdiction over the arbitration of the agreement between the parties and the fact that the parties have chosen Delhi as the neutral seat of arbitration. The Delhi High Court in the immediate case interpreted the term « court » listed under section 29A (4) of the arbitration law. … Bharat Coking Coal Ltd or Continental Construction Co. Ltd. An arbitrator cannot go beyond the terms of the contract between the parties. In… Unless it is something that would not reasonably be possible.
However, if the duration of the contract is clear and unequivocal, the arbitrator cannot ignore it. 13…, were cancelled and the losses were officially depreciated by the government. Regarding the circumstances of the railway shortage, according to the arbitrator were beyond contro… With regard to the second question, the Tribunal found that: that there is no iota, that there is no iota, that the court competent to apply for the application of a foreign arbitral award is before the court in the area of jurisdiction of which the debtor`s assets lie, and has also found that if the debtor`s assets are in different territorial jurisdictions, the holder of the arbitration may, at the same time, submit those courts and that the principle of judicial non-suitance is not applicable to the enforcement proceedings. The court therefore decided that an application under section 29A of the Arbitration Act for the renewal of the arbitrator`s mandate would not be before the court which has the power to appoint an arbitrator under Section 11 of the Arbitration Act and not the civil courts. The question before the Tribunal`s sole bank was whether the petitioner should have made an immediate request to quash the arbitration award under section 34 of the Arbitration Act within 30 (thirty) days pursuant to Section 34 (3) of the Arbitration Act, or if the petitioner should have waited for the decision to be made in his application to rectify the sentence of Section 33 (1) of the Arbitration Act? Indian courts have, on the whole, taken a pro-price approach, as they looked at petitions challenging the allocation under Section 34 of the Arbitration and Conciliation Act of 1996 (« Act »). At the same time, the courts repeatedly warned arbitrators to remain in the contract area between the parties while they delivered the award. Not even, but on many occasions, the courts have decided that arbitrators are responsible for the commission of jurisdictional errors when they travel beyond the terms of the contract or ignore the same thing while receiving the award. Recent decision in the case of South East Asia Marine Engineering and Constructions Ltd (SEAMEC Ltd) v.