- (1.) This is an appeal from an order passed on the 10th March, 2004 by the Arbitration Court whereby His Lordship directed the appellant before us who was the respondent before His Lordship to make the payment under what His Lordship held to be a foreign award, within three weeks from the date of the order. On failure of such payment necessary orders would be passed by His Lordship for execution of the decree.
(2.) The decree there is none, i.e., in the sense that there is no decree passed by any Court of Law. The execution was to be of an award passed by one Mr. Cooke, Q.B. sitting in England and the said award is dated 29th September, 2001.
(3.) The said clause is set out below :- "14. Arbitration.-All disputes or differences whatsoever arising between the parties out of, or relating to, the construction, meaning and operation or effect of the contract or the breach thereof shall be settled by arbitration in India through the arbitration panel of the Indian Council of Arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration. If either party is in disagreement with the arbitration result in India, either party will have the right to appeal to a second arbitration in London, UK in accordance with the rules of conciliation and arbitration of the international chamber of commerce in effect on the date hereof. The results of this second arbitration will be binding on the both parties, judgment upon the award may be entered in any Court in jurisdiction.";