Law: Recognition And Enforcement (Arbitration Agreements And Foreign Arbitral Awards) Act, 2011

Section: 3,4,6, Schedule

Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act (XVII of 2011)--- ----Ss. 6, 3, 4, Sched., Arts. III & IV--- Arbitration agreement---Enforcement of foreign arbitral award---Refusal of court to recognize and enforce a foreign arbitration award---Adjudication to determine as to whether arbitration agreement existed between the parties in a proceeding where foreign arbitration award was sought to be enforced---Scope---Refusal of a court to recognize a foreign arbitral award under the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 usually involved investigation into disputed questions but it was not in every case that the court would be under obligation to frame issues, record evidence of the parties and follow the procedure prescribed for decision in a suit---Such matters had been left to the satisfaction of the Court under Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, which had to regulate its proceedings keeping in view nature of the allegations in pleadings, and court may adopt such mode for disposal as was in consonance with principles of justice and what the circumstances of the case required; and therefore it was within competence of the court to frame formal issues and record evidence in a particular case---Questions as to whether exchange of e-mails and letters available on record constituted arbitration contract/agreement and whether arbitration was conducted according to applicable rules could be questions which cannot be decided without framing issues and adducing evidence. THIS ORDER PASSED BY: SHAHID WAHEED, JUSTICE:---.--- A preliminary question which falls for determination in this suit under section 6 of the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 for recognition and enforcement of the foreign award dated 16th December, 2011 made by the International Cotton Association Limited is whether the controversy involved therein should be resolved after framing issues and recording evidence. 2. The case of the plaintiff is that the contractual relationship between the plaintiff…

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