Mrs. Justice Ranjana Prakash Desai

Landmark judgment on International Commercial Arbitration and Foreign Arbitral Award – Bharat Aluminium Co. (BALCO) Vs. Kaiser Aluminium Technical Service, Inc. – Supreme Court

This judgment covers: i. Does Section 2(2) of Arbitration and Conciliation Act, 1996 bar the Application of Part I to Arbitrations which take place outside India? ii. Does the missing ‘only’ indicate a deviation from Article 1(2) of the Model Law? iii. Is Section 2(2) in conflict with Sections 2(4) and 2(5)? iv. Does Section 2(7) indicate that Part-I applies to arbitrations held outside India? v. Party Autonomy and Issue of Seat, Place/ Venue vi. Arbitration agreement designates a foreign country as the “seat”/”place” and also select the Indian Arbitration Act, 1996 vii. Section 28, Section 45 and Part-II of Arbitration Act. viii. Does Section 48(1)(e) recognize the jurisdiction of Indian Courts to annul a foreign award, falling within Part II? ix. The expression “under the law” used in Section 48 x. Interim measures by the Indian Courts where the seat of arbitration is outside India. xi. Non-Convention award cannot be incorporated into the Arbitration Act xii. Is An Inter-Parte Suit for Interim Relief Maintainable.

Landmark judgment on International Commercial Arbitration and Foreign Arbitral Award – Bharat Aluminium Co. (BALCO) Vs. Kaiser Aluminium Technical Service, Inc. – Supreme Court Read Post »

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