( 1 ) THE question which arises for consideration in this appeal is whether the provisions of the. Indian Arbitration Act, 1940 (hereinafter referred to as the Arbitrationact) are applicable to an interim award made at London byan Arbitral Tribunal constituted by I. C. C Court of Arbitrationof the International Chamber of Commerce, Paris.

( 2 ) BRIEFLY stated, the facts are that vide two letters dated 14/02/1981 the appellant had accepted the proposalof and had awarded contracts to the respondent. This wasfollowed by the parties executing two formal agreements, inwriting, on 17/08/1982. The first agreement was, interalia, to design, manufacture, test and effect supplies of equipment and materials for a computer based training simulatorwhile by the second agreement the respondent was to do thework of clearance and handling at Indian Port, transportationand handling at project site, storage, erection, testing and) commissioning and line tuning of the said training simulator at theappellant s super thermal power station at Korba.

( 3 ) THE terms of the contract between the parties were to begoverned not only by the formal agreements dated 17/08/1982 but also by the o