A five-judge constitutional bench of the Supreme Court of India has restricted the powers that an Indian court can exercise in arbitrations that are conducted outside India.
In its judgment on 6 September in Bharat Aluminium Co v Kaiser Aluminium Technical Services, the Supreme Court ruled that Part I of the Arbitration and Conciliation Act, 1996, applies solely to arbitrations seated in India.
This ruling reverses a controversial judgment made in 2002 in Bhatia International v Bulk Trading SA, which held that Part I of the act would also apply to arbitrations held outside India, unless that section was excluded either expressly or implicitly by agreement between the parties.
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