Supervisory Jurisdiction of Indian Courts in Foreign Seated Arbitration: The Beginning of a New Era or Just the End of Bhatia Doctrine?
Arbitration Brief : Volume 3 | Issue 1
10 Pages Posted: 23 Feb 2013 Last revised: 22 Apr 2014
Date Written: January 22, 2013
Abstract
On September 6, 2012, a constitution bench of the Supreme Court of India ruled that, “Part I of the Arbitration and Conciliation Act, 1996 is applicable only to the arbitrations which take place within the territory of India”, which, in effect, reversed the controversial ratio of Bhatia decided by a three judge bench of the same court a decade ago. The Supreme Court’s verdict has been welcomed by international business community as a landmark judgment that clarifies certain anomalies existed in the law and practice of Indian arbitration law, over the years. In this context, the paper explores certain important issues concerning arbitration in India, and tries to find out whether the apex court has stated the legal position in line with the international standards.
Keywords: Supervisory Jurisdiction, International Arbitration, BALCO
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