( 1 ) THIS is an appeal filed under Section 27 of the Arbitration and conciliation Act, 1996 (hereinafter referred to as 'the Act' ). Brief facts of the case are that the appellant-company is incorporated under the laws of Mauritius. In November 1997, the appellant-company and the first respondent-a Company incorporated in India along with other companies including respondents 2 to 8 executed a shareholders agreement dated 5-11-1997 at Hongkong for the objects and performance of obligations contained therein. The said agreement contained an arbitration clause which provided for arbitration to be held in London, United Kingdom in accordance with International Chamber of Commerce Rules. The original shareholders agreement dated 30-4-1997 was executed by the parties in Hongkong and the amended and restated shareholders agreement dated 5-11-1997 was executed in london. There is a dispute as to whether the shareholders agreement or the amended and restated shareholders agreement was executed in bangalore.

( 2 ) ON October 26, 2001, the appellant initiated the Arbitral proceedings under the ICC Rules in ICC reference No. 11827/pe/mw was brought against the first responde