DEVENDER GUPTA, S.K.MAHAJAN
MARRIOTT INTERNATIONAL INC. – Appellant
Versus
HOTELS LIMITED – Respondent
( 1 ) S. K. Mahajan, J.-By this appeal, the appellants seek to challenge the order dated March 8,1999 passed by the learned Single Judge whereby their application under Section 9 of the Arbitration and Conciliation Act, 1996 (in short referred to as "the Act") was dismissed. A preliminary objection to the maintainability of the appeal has been raised by the respondents on the ground that Section 9 falls in Part-1 of the Act and Part-1 applies only to those arbitrations where the place of arbitration is in India. The contention of the respondents, therefore, is that as the arbitration proceedings were being held before the Kuala Lumpur Regional Centre for Arbitration in Malaysia, Section 9 of the Act will have no applicability and the petition itself was, therefore, not maintainable. It is submitted that in case the petition itself was not maintainable, this appeal will also not lie and is not maintainable.
( 2 ) THE contention of the appellants, however, is that the Act provides a comprehensive framework for an arbitration under the Indian law based on the pattern of UNCITRAL Model Law of international commercial arbitration and the Act would, therefore, apply to
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