- (1.) Xx xx xx Important Point Proceedings in arbitration by International Chamber of Commerce cannot be stayed by domestic courts. We have beard Sri F. S. Nariman, learned counsel for the petitioner, who was the first defendant in the suit,and Sri Kapil Sibal and Dr. A. M. Singhvi, learned senior counsel for the respondents. Delay condoned. Leave granted.
(2.) These appeals arise out of interim orders made by the High court in the two suits staying further proceedings before the International Chamber of Commerce (ICC). We are afraid, this kind of relief may not be permissible at all in the domestic courts in respect of an international arbitration regulated by the provisions of the Foreign Awards (Recognition and Enforcement) Act, 1961. The High court we regret to have to say, was in serious error in entertaining this plea and, what is more, granting it ex parte. Though we are informed that the order has since been modified, it is necessary to set aside that order, of course, without prejudice to the contentions of both the parties to have the question of the continuation of the modified relief considered according to law. Accordingly, we set aside the orders of the High court dated 25/06/1993 and 2/07/1993, which purport to stay the proceedings before the I. C. C. These appeals are allowed accordingly and the orders of the High court set aside.;