LAWS(SC)-2021-4-26

PASL WIND SOLUTIONS PRIVATE LIMITED Vs. GE POWER CONVERSION INDIA PRIVATE LIMITED

Decided On April 20, 2021
Pasl Wind Solutions Private Limited Appellant
V/S
Ge Power Conversion India Private Limited Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal raises an interesting question - as to whether two companies incorporated in India can choose a forum for arbitration outside India - and whether an award made at such forum outside India, to which the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 ["New York Convention"] applies, can be said to be a "foreign award" under Part II of the Arbitration and Conciliation Act, 1996 ["Arbitration Act"] and be enforceable as such.

(3.) The appellant is a company incorporated under the Companies Act, 1956 with its registered office at Ahmedabad, Gujarat. The respondent is a company incorporated under the Companies Act, 1956 with its registered office at Chennai, Tamil Nadu, and is a 99% subsidiary of General Electric Conversion International SAS, France, which in turn is a subsidiary of the General Electric Company, United States.