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
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
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
arbitration'.
The term 'place of arbitration' itself carries two distinct
meanings; Section 20(1) and 20(2) signifying the seat of
arbitration ... issue in BGS SGS Soma JV (supra) , wherein the
arbitration agreement specifed that, "the arbitration
proceedings shall be held at New Delhi/Faridabad
arbitration clause between the parties stipulates that
the arbitration was to take place in London in accordance with the
English Arbitration Act and the arbitration ... whenever
they are faced with a case arising from an arbitration
agreement executed pre-BALCO."
(emphasis supplied)
17. It is for this very reason
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
Court" means --
(i) in the case of an arbitration other than international
commercial arbitration, the principal Civil Court of original
jurisdiction in a district ... Court described as 'supervisory control over the
arbitration proceedings'. Now this phraseology in BALCO is
important, for, as we shall see, the Respondents
manner. This position now stands
overruled following BALCO.
40.The Supreme Court in BALCO decided that Parts I and II of the Act
are mutually ... whenever they are faced with a case
arising from an arbitration agreement executed pre BALCO.
42.The above issues have been addressed
