DHARMADHIKARI S.C., J.: - This petition is filed under section 34 of the Arbitration and Conciliation Act, 1996 (for short 1996 Act) to challenge an award dated 21st October, 2003 passed by International Court of Arbitration in Case No. 1107/03/D.K. There are certain alternative prayers but for the purpose of deciding the issue before me it is not necessary to advert to the same.

2. In paras 9 and 10 of petition this is what is stated :-

"9. The petitioner submits that the present petition under section 34 of the Act is maintainable against the impugned award because the agreements between the parties are clearly governed by the law of India. The award in question, therefore, is a domestic award and/or an award under Part I of the Act, although made in Geneva under the I.C.C. Rules. The law declared by this Hon'ble Court in N.T.P.C. and Singer clearly supports the present petition. Recently, the Hon'ble Supreme Court in Bhatia International case has clearly held that Part I of the Act applies to all arbitrations including those made in International Commercial Arbitrations taking place outside India. Part I includes section 34 and, therefore, the present petition is clearly