In Brief
A company challenged foreign arbitral awards made in England, seeking to set them aside under Indian law. The Supreme Court held that when the parties' arbitration agreement expressly stipulates that English law shall apply, Part I of India's Arbitration Act is impliedly excluded. Consequently, applications to set aside foreign awards under Section 34 of the Indian Act are not maintainable. The Court emphasised that party autonomy in arbitration allows parties to choose the law governing the arbitration agreement separately from the substantive contract, and such choice effectively excludes Indian arbitration law.
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