In P.E.C. Limited vs. Austbulk Shipping SDN BHD, the Supreme Court was considering the issue whether an application for enforcement of a foreign award under Section 47 of the Act is liable to be dismissed if it is not accompanied by the original arbitration agreement decided that the word “shall” appearing in Section 47 of the Act relating to the production of the evidence as specified in the provision at the time of application has to be read as “may”.
The bench clarified that reading the word “shall” in Section 47 of the Act as “may” would only mean that a party applying for enforcement of the award need not necessarily produce before the Court a document mentioned therein “at the time of the application” and that the said interpretation of the word “shall” as “may” is restricted only to the initial stage of the filing of the application and not thereafter.
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