As per the case facts M s Arif Azim Co Ltd filed an arbitration petition against M s Micromax Informatics FZE The main point of contention is determining the 'seat' ... of arbitration The petition questions whether the arbitration is maintainable under Section of the Act specifically if the arbitration's seat is in India and if Indian law governs the agreement The question arose whether the arbitration petition filed under Section of the Arbitration and Conciliation Act is maintainable when there is a dispute over whether the arbitration's seat is in India and if Indian laws govern the arbitration agreement Finally the Supreme Court concluded that the petition under Section of the Act is not maintainable because neither the arbitration's seat is in India nor is the agreement governed by Indian laws The Court clarified that if multiple places are designated as the seat the most appropriate forum can be determined using the Doctrine of Forum Non Conveniens considering the agreement dispute parties and their intentions