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2017 Supreme(Del) 1961

VIBHU BAKHRU
VALUE ADVISORY SERVICES – Appellant
Versus
ZTE CORPORATION – Respondent


Advocates Appeared:
For the Decree Holder : Mr Jeevesh Nagrath, Mr Pratham Sharma and Mr Rohan Ganpathy
For the Judgment Debtor :Mr T. K Ganju, Senior Advocate with Mr Vijay Kaundal and Mr Rupesh Gupta

JUDGMENT :

VIBHU BAKHRU, J.

Introduction

1. Value Advisory Services (hereafter “VAS”) has filed the present petition for enforcement of the partial award dated 09.11.2009 and the final award dated 23.07.2010 (hereafter “the impugned awards”) under Sections 47 and 49 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'). The impugned awards were delivered by an arbitral tribunal constituted under the Rules of Arbitration of the International Chamber of Commerce (hereafter “the ICC Rules”) pursuant to a request for arbitration filed by VAS with the Secretariat of the International Court of Arbitration (hereafter “the ICC Court”) of the International Chamber of Commerce (hereafter “ICC”). The impugned awards were made in respect of disputes that had arisen between VAS and the Judgment Debtor (hereafter “ZTE”) in relation to their agreement dated 01.01.2003.

2. ZTE has opposed the enforcement of the impugned awards on two grounds. First, ZTE claims that the arbitral procedure was not in accordance with the agreement between the parties inasmuch as the parties had agreed that the disputes would be submitted to the Singapore International Arbitration Centre (hereafter “SIAC”).

















































































































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