also
not asked EPIL to invoke arbitration in accordance with
the Rules of Arbitration of Indian Council of Arbitration,
though all the disputes were pending ... then BALCO was held by the present
BALCO. Thus, the management of the then BALCO was
transferred to the present management of BALCO. It cannot
arbitration agreement purports to apply
Part-I of the 1996 Act to an arbitration where the juridical seat
of arbitration is outside India, Part ... inapplicable to the
extent inconsistent with the arbitration law of the seat of
arbitration.”1
11. In BALCO, the court highlighted the distinction between
judgment of the Supreme Court in BALCO. The reference to the
Constitution Bench in BALCO arose when the correctness of the judgment in
Bhatia International ... where the place of arbitration is in India would govern arbitration
agreements which would be executed thereafter. The judgment in BALCO,
however, considers various other
such arbitration shall be conducted in
English.
(c) The seat of the arbitration proceedings shall be Mumbai.
20.4.3 The arbitration award shall be fnal ... seat of the arbitration" means the juridical seat of the arbitration
designated -
(a) by the parties to the arbitration agreement
power of a judicial authority to refer
parties to arbitration where there is an arbitration agreement and this
provision too is relatable to Part ... Indian Arbitration
Act, 1996 provides that Part I "shall apply where the place of arbitration is in
India". In BALCO it has been
light of BALCO (Supra). Both operate in different fields. BALCO (Supra)
in regard to Section 9 of the Arbitration Act, 1996 (pre 2015 amendment ... pendency of arbitration proceedings, i.e., to secure a claim in
future or pending arbitration and even after the arbitration proceedings but
before
contended that in any case, BALCO (supra) was to apply prospectively
and would not apply to pre-BALCO arbitration agreements. The law before
BALCO (supra ... Section 2(1)(e) of the Arbitration Act, the holding in BALCO (supra) was
merely declaratory and by necessary implication, applied retrospectively as well.
Reliance
arbitration was
situate and the
place where the
subject matter of
arbitration was
situate would
acquire
jurisdiction).
2 2017 (7) SCC 2 Arbitration ... Arbitration to be Relying on Indus
462 under Indian Mobile,
[Brahmani Arbitration and BALCO,
River Pellets Conciliation Act Enercon (India)
Ltd. vs and venue
where the Arbitration took place, would be required to
exercise the supervisory control over the Arbitration process and the
Tribunal. In Balco, it is also ... seat/situs of Arbitration and/or place of Arbitration" as
contemplated under Section 20 of the Arbitration Act. We decline to
accept this
consequently the Arbitration
Agreement, prior to the Arbitration and Conciliation (Amendment)
Act, 2015 and had agreed to seat their arbitration in Singapore. The
parties have ... applicable to foreign-seated International Commercial
Arbitration. The BALCO judgment was pronounced on 6th September,
2012. The Arbitration Agreement in the present case was executed
