Cairn India Limited & Ors. vs Union Of India on 3 May, 2016

2. The two arbitration proceedings emanate from the same contract,
having multiple parties thereto. It is the admitted position between the
parties that as per Article 33.1 of the Contract it is governed by the laws in
India. As per Article 34.12 the seat of the arbitration is at Kuala Lumpur
(Malaysia) and therefore concededly curial remedies concerning any award
pronounced by the Arbitral Tribunal has to be in Kuala Lumpur. As per the
second limb of Article 34.12 of the Contract the arbitration agreement
between the parties is governed by the laws of England and thus the
constitution of the Arbitral Tribunal and the procedure to be adopted by the

FAO(OS) Nos.450/2015 & 519/2015 Page 2 of 26
Arbitral Tribunal and the proper law of the arbitration would be the laws of
England. As per Article 35.2 the contract could not be amended, modified,
varied or supplemented in any respect except by an instrument in writing
signed by all the parties with the instrument stating the date upon which the
amendment/modification shall become effective.

Source: Indian Kanoon

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