In Brief
Imax Corporation and E-City Entertainment disagreed over cinema equipment supply, leading to ICC arbitration seated in London. E-City challenged the awards in India's Bombay High Court under Section 34 of the Arbitration Act. The Supreme Court held that where parties agree to arbitrate under ICC Rules (which allow the ICC to fix the seat) and the arbitration is subsequently conducted outside India with the parties' acceptance, Part-I of India's Arbitration Act does not apply. The seat of arbitration is the decisive link to the applicable law. Since the arbitration occurred in London, challenges must be brought there, not India. The Court dismissed E-City's petition and allowed Imax's appeal.
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