LANDMARK CASE
Bharat Aluminium Co. v. Kaiser Aluminium Technical Services
(2012) 9 SCC 552 · Supreme Court of India · Arbitration
At a glance
- Citation: (2012) 9 SCC 552
- Court: Supreme Court of India
- Area of law: Arbitration
- In one line: No. Part I applies only to arbitrations seated in India, overruling Bhatia International prospectively.
1 Facts
The issue was whether Indian courts could intervene in foreign seated arbitrations.
2 Issue
Does Part I of the Arbitration Act apply to arbitrations seated outside India?
3 What the court decided
No. Part I applies only to arbitrations seated in India, overruling Bhatia International prospectively.
4 Why it matters
It made India more arbitration friendly.
5 Think about it
Why is the seat of arbitration so important?
6 Analyse it yourself
Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.
7 More cases on Arbitration
- Associate Builders v. Delhi Development Authority (2015) 3 SCC 49
- Bhatia International v. Bulk Trading (2002) 4 SCC 105
- ONGC v. Saw Pipes (2003) 5 SCC 705
- Perkins Eastman Architects v. HSCC (India) (2020) 20 SCC 760
- Ssangyong Engineering v. NHAI (2019) 15 SCC 131
- TRF Ltd. v. Energo Engineering Projects (2017) 8 SCC 377
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