Arbitration and Conciliation Act, 1996 — Part I, s. 34 - International commercial arbitration - Challenge to foreign awards — Disputes between parties referred to arbitration - Arbitration proceedings in England -- Foreign awards passed in favour of respondent — Applications u/s. 34 by appellant -- Dismissed by District Judge as also High Court - Issue as regards whether the parties by agreement, express or implied, have excluded wholly or partly, Part I of the Arbitration Act — Held: From the clauses of the arbitration agreement, it is clear that law governing the arbitration agreement is English Law, thus, there is a implied exclusion of Part I of the Arbitration Act — View taken by the High Court that the applications filed by appellant u/s. 34 are not maintainable against the foreign awards between the parties, upheld.
Interpretation — Interpretation of Act, Rule or Regulation/ deeds, treaties, settlements in court/documents made by laymen like Wills — Approach by the court — Held: Court has to make different approaches depending upon the instrument falling for interpretation — Legal quality or perfection of the document is comparatively low in the third category, high in second and higher in first -- In the process of interpretation in the first category, the courts gather the purpose of the legislation, its context and text - In the second category also, the text as well as the purpose is important — In the third category, intention alone of the executor is relevant.