- Whether Indian courts can overturn a foreign arbitral ruling under the Arbitration and Conciliation Act of 1996?
- Whether Part I of the Arbitration and Conciliation Act, 1996, applicable when the arbitration seat is outside of India? Under Section 34, read with Section 9 of the Act, is the aggrieved party entitled to challenge a foreign award made outside India?
- Part I of the Arbitration and Conciliation Act of 1996 applies to all arbitrations, including international commercial arbitrations, unless the parties expressly or implicitly exclude all or all of its terms by agreement.
- Section 48(1)(e) of the Act, read together with Section 48(3) of the Act, states that an action to set aside a foreign award within the meaning of Section 44 of the Act must be brought before the competent authority of the country in which, or under the legislation of which, the award was issued.