I.P.MUKERJI, J. - (1.) This court heard an application (G.A. No. 211 of 2017), taken out by the respondent No.1, Chatterjee Petrochem (Mauritius) Co. in an application (A.P. No. 1046 of 2016) to set aside a partial final award made by an arbitral tribunal, signed and delivered in Paris on 9th September, 2016. The application asked for dismissal of the setting aside application on the ground that this court and as a matter fact the courts in India had no jurisdiction to entertain try and determine it. The grounds were that the award dated 9th September, 2016 was a foreign award. It was made in a foreign seated arbitration. The seat was in Paris. The rules of the International Chamber of Commerce (ICC), International Court of Arbitration applied.
(2.) All sittings of the arbitration were held in Paris. The arbitration was conducted according to the rules of arbitration of this Chamber. The arbitral tribunal consisted of three learned arbitrators, Professor David A.R. Williams QC, (President), Mr. Peter Lever QC and Mr. Justice (Retd.) Bellur N Srikrishna.
(3.) This arbitral proceeding arose out of an agreement dated 12th January, 2002 between the parties which provided that the majority shareholding and control of Haldia Petrochemicals Limited would be transferred to Chatterjee Petrochem (Mauritius) Co. by the Government of West Bengal and West Bengal Industrial Development Corporation Limited. The said agreement contained an arbitration clause which is as follows: "In respect of all disputes, differences, claims and questions between the parties hereto arising out of this JVA or in any way relating to this document or any term, condition or provision herein mentioned or construction or interpretation thereof as to the working of HPL or in any way relating to the business of the affairs of HPL, the parties shall first endeavour to settle such disputes, differences, claims or questions by friendly consultation and failing such settlement, disputes or differences will be settled in accordance with the Rules of Arbitration of the International Chamber of Commerce (ICC) Court of Arbitration. The venue of Arbitration will be in Paris and the law applicable to the contract will be Indian Law." ;