Court : Chhattisgarh
Reported in : AIR2005Chh21; 2006(1)MPHT18(CG)
..... (2004 (2) cal lj 197 (cal)) (supra) the only provision in the agreement was that the agreement will subject to and governed by the laws in force in india and there was no provision, as in the present case, that in case of arbitration the english law will apply and the arbitration will be conducted in accordance with the said provisions of the english arbitration act and the subsequent amendments thereto. ..... in august, 1996 and that the parties to the contract made an express choice in indian law both as the proper law of contract and the proper law of arbitration and india was also the country with which the contract was most closely associated and the contract was signed in india and was entirely performed in india and was to be governed by indian laws and hence there was no reason for the court to hold that the expression 'the country under the law of which was made' under section 48(1)(e) of the indian act would ..... chapter-iii of the indian act titled 'composition of arbitral tribunal' and in particular sections 10 and 11 therein do not provide for appointment of an umpire. ..... (3) if an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause (e) of sub-section (1) the court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security. 49. .....
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