The question of applicability of the provisions of Part I of the Arbitration and Conciliation Act 1996 (hereinafter referred as 1996 Act) to the international commercial arbitrations held outside India has time and age in come up before the Supreme Court of India ("Supreme Court") and various High Courts. The Bhatia International 1 had initially settled the question of applicability of the provisions of Part I of the 1996 Act to International Commercial Arbitrations held outside India, hospital by holding that the 1996 Act shall be applicable to all arbitrations, online including those arbitrations which are held outside India, generic unless the parties expressly or impliedly exclude the applicability of all or any of its provisions. The Bhatia International judgment was eventually overruled by a constitution bench judgment in Balco v. Kaiser 2, but only prospectively i.e. was made applicable only for disputes arising out of agreements which were entered after 6 th September 2012.
By:-Vikas Goel and
R.V.Prabhat
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