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1. Petitioner is defending Arbitral proceedings and during the pendency
of the arbitral proceedings, an issue with respect to seat and venue of the
Arbitration arose.
2. Admittedly, there was an “Import Agent Service Agreement” dated
16.09.2019 between the parties. Clause 15 of said agreement, as agreed
between the parties, was to the following effect:-
“All disputes arising from the execution of or in connection with this
agreement shall be settled through friendly consultation between the
parties. If no settlement can be reached through consultation within
forty-five (45) days after either party has given written notice to the
other party of the existence of a dispute under this article. The dispute
shall be submitted to arbitration with Indian Council of Arbitration
(ICA) in India according to its arbitration rules enforce at that point of
time”
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