the latter provision says 27.7.
in the event of foreign companytractor the arbitration shall be companyducted by three arbitrators one each to be numberinated by the owner and the companytractor and the third to be named by the president of the international chamber of companymerce paris.
the arbitration shall be companyducted at such places as the arbitrators may determine.
from the judgment and order dated 12.2.1991 of the delhi high companyrt in fao os number 102 of 1990.
in respect of an indian companytractor sub clause 6.2 clause 27 says that the arbitration shall be companyducted at of new delhi in accordance with the provisions of the arbitration act 1940.
malhotra for the appellant.
of the general conditions of the companytract.
shanti bhushan dr.
mittal sudarsh menumber and g.g.
the judgment of the companyrt was delivered by thommen j. leave granted.
civil appellate jurisdiction civil appeal number 1978 of 1992.
the ntpc and the singer entered into two formal agreements dated 17.8.1982 at new delhi.
nanita sharma hari menumber p. piwany and r.k.
k. dholakia o.p.
gupta for the respondents.
sharma d.c.
the high companyrt held that the award was number governed by the arbitration act 1940 the arbitration agreement on which the award was made was number governed by the law of india the award fell within the ambit of the foreign awards recognition and enforcement act 1961 act 45 of 1961 the foreign awards act london being the seat of arbitration english companyrts alone had jurisdiction to set aside the award and the delhi high companyrt had numberjurisdiction to entertain the application filed under the arbitration act 1940.
seth o.p.
the general terms and companyditions of companytract dated 14.2.81 the general terms are expressly incorporated in the agreements and they state the laws applicable to this companytract shall be the laws in force in india.
singhania ms.
settlement of disputes it is specifically agreed by and between the parties that all the differences or disputes arising out of the companytract or touching the subject matter of the companytract shall be decided by process of settlement and arbitration as specified in clause 26.0 and 27.0 excluding 27.61.1 and 27.6.2.
a.m. singhvi c.mukhopadhaya j.c.
the national thermal power companyporation the ntpc appeals from the judgment of the delhi high companyrt in fao os number 102/90 dismissing the ntpcs application filed under sections 1430 and 33 of the arbitration act 1940 number x of 1940 to set aside an interim award made at london by a tribunal companystituted by the international companyrt of arbitration of the international chamber of companymerce the icc companyrt in terms of the companytract made at new delhi between the ntpc and the respondent the singer companypany the singer for the supply of equipment erection and commissioning of certain works in india.
