CARZONRENT INDIA PVT. LTD. Vs. HERTZ INTERNATIONAL LTD.

JUDGEMENT

(1.) By this order, the Court deals with the preliminary objections raised by the Respondent Hertz International Ltd., to the maintainability of these petitions by Carzonrent India Pvt. Ltd. under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') challenging the Partial Awards dated 7th March 2011 and 29th November 2012 and the Final Award dated 11th April 2013 passed by the sole Arbitrator at the ICC International Court of Arbitration, Singapore.

(2.) In terms of the Partial Award dated 29th November 2012, the Petitioner has to pay the Respondent US Dollars ('USD') 1,307,831 together with simple interest at 5 % from 28th September 2007 till the date of payment. Under the Final Award dated 11th April 2013 the Petitioner has to pay costs to the Respondent in the sum of USD 777,117.26 and Singapore Dollars 114,802.54.

(3.) The common preliminary objection raised in both petitions by the Respondent is that the Awards in question are foreign Awards and cannot be challenged under Section 34 of the Act. It is submitted that although the law governing the contract is Indian law, the procedural rules of arbitration are the rules of the International Chambers of Commerce ('ICC'). It is asserted that "the venue and seat of arbitration is Singapore and that the governing law of arbitration is Singapore."