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Issues Involved:
1. Maintainability of the petition for enforcement of a foreign arbitration award. 2. Existence and validity of the arbitration agreement. 3. Jurisdiction and authority of the Arbitral Tribunal. 4. Enforceability of the foreign arbitration award in India. Summary: Issue 1: Maintainability of the petition for enforcement of a foreign arbitration award The petitioners invoked Part II and specifically Sections 45 to 48 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act-1996") to enforce foreign awards dated 29th August 2005 and 9th October 2006 made in Singapore. The petition was initially objected to by the respondents for lack of original or certified copies of the arbitration agreement. The petitioners later filed an affidavit with certified hard copies of emails, which the court accepted as sufficient compliance with Section 65B of the Evidence Act. Issue 2: Existence and validity of the arbitration agreement The respondents contended that there was no concluded contract or agreement between the parties, and thus no valid arbitration agreement. However, the Tribunal had already determined the existence of a valid arbitration agreement, and the respondents did not appeal this decision. The court held that the respondents could not re-agitate this issue in the present petition. Issue 3: Jurisdiction and authority of the Arbitral Tribunal The Tribunal addressed preliminary issues regarding its jurisdiction and the validity of the arbitration agreement, concluding affirmatively on all points. The Tribunal's decisions were not appealed by the respondents, making the awards final and unappealable under Singapore law. The court found no grounds to challenge the Tribunal's jurisdiction or authority. Issue 4: Enforceability of the foreign arbitration award in India The court found that the foreign award was not contrary to public policy in India and was enforceable under Indian law. The award was deemed binding as it was not set aside or suspended by any appellate court in Singapore. The court rejected the respondents' objections and allowed the petition, declaring the arbitration award enforceable as a decree of the court. Conclusion: The petition was allowed, and the arbitration award dated 9th October 2006 was declared enforceable as a decree of the court. No costs were awarded.
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