MURY EXPORTATION Vs. D KHAITAN AND SONS LTD

JUDGEMENT

(1.) THIS is a matter under the Arbitration (Protocol and Convention) Act, 1937. The petitioner is Mury Exportation, S. A. R. L. a French company incorporated and registered under the Laws of France having its principal office at 15, Rue dela Paix, Paris. The matter although initiated by a petition is treated as a suit under Section 5, Arbitration (Protocol and Convention) Act, 1937.

(2.) THE application or the suit is for filing the award made is Paris dated 18-2-1954 by the Court of Arbitration of the International Chamber of Commerce, Paris under Section 4, Arbitration (Protocol and Convention) Act which provides that any person interested in a foreign award may apply to any Court having jurisdiction over the subject-matter of the award that the award be filed in Court.

(3.) THE facts of the case may be very briefly stated: On 27-12-1946 the plaintiff and the defendant executed in Paris an agreement by which the defendant was appointed agent for the sale of the plaintiff's perfumery products in India. THE agreement provided for arbitration according to the rules of the International Chamber of Commerce at Paris. THE actual arbitration clause in that agreement is in the following terms: