Arbitration and Conciliation Act, 1996 - s. 48 - Dispute
resolution by two-tier arbitration system - Validity of - Parties
entered into a contract containing arbitration clause - Subsequently
dispute between the parties - Appellant company invoked
arbitration clause - Appointment of arbitrator by Indian Council
of Arbitration, who gave NIL award - Thereafter, invocation of
second part of the arbitration clause by the appellant company -
Award passed by arbitrator in London in accordance with the Rules
of Conciliation and Arbitration of the International Chamber of
Commerce - Application u!s. 48 by the appellant company seeking
enforcement of the said award - Validity of two tier arbitration -
Held: Resolving of disputes by two tier arbitration system was valid
under the Indian law and not contrary to the public policy -
Arbitration clause in the agreement between the parties does not
violate the fundamental or public policy of India by the parties
agreeing to a second instance arbitration - Parties to an arbitration
agreement have the autonomy to decide not only on the procedural
law to be followed but also the substantive law.