Imax Corporation vs M/s E-City Entertainment (I) Pvt. Ltd. - Supreme Court

 Imax Corporation vs M/s E-City Entertainment (I) Pvt. Ltd. - Supreme Court Important Judgment 2017 - 

 

On 10th March, 2017, in the case of Imax Corporation vs M/s E-City Entertainment (I) Pvt. Ltd. [Civil Appeal No.3885 of 2017], while addressing the issue as to whether the seat of arbitration itself is a decisive factor to exclude Part-I of the Arbitration and Conciliation Act, 1996, it was held that “the relationship between the seat of arbitration and the law governing arbitration is an integral one.” It was held that “the place of arbitration determines the law that will apply to the arbitration and related matters like challenges to the award etc.” and “if in pursuance of the arbitration agreement, the arbitration took place outside India, there is a clear exclusion of Part-I of the Arbitration Act.”


In the present case, the parties expressly agreed that the arbitration will be conducted according to the ICC Rules of Arbitration and left the place of arbitration to be chosen by the ICC. The ICC in fact, chose London as the seat of arbitration after consulting the parties. The arbitration was held in London without demur from any of the parties. All the awards i.e. the two partial final awards, and the third final award, were made in London and communicated to the parties. Accordingly, it was held that “Part-I has no application because the parties chose and agreed to the arbitration being conducted outside India and the arbitration was in fact held outside India.” 

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