Suraj Agri Business Pte Ltd vs Kandla Export Corporation Through ... on 13 January, 2023
"18. It is important to note that in
paragraph 32 of Bhatia International itself
this Court has held that Part-I of the
Arbitration Act, 1996 will not apply if it has
been excluded either expressly or by
necessary implication. Several judgments of
this Court have held that Part-I is excluded
by necessary implication if it is found that
on the facts of a case either the juridical
seat of the arbitration is outside India or the
law governing the arbitration agreement is
a law other than Indian law. This is now well
settled by a series of decisions of this Court
[see: Videocon Industries Ltd. v. Union of
India & Anr., (2011) 6 SCC 161, Dozco India
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C/SCA/285/2010 CAV JUDGMENT DATED: 13/01/2023
Private Limited v. Doosan Infracore
Company Limited, (2011) 6 SCC 179, Yograj
Infrastructure Limited v. Ssang Yong
Engineering and Construction Company
Limited, (2011) 9 SCC 735), the very
judgment in this case reported in Reliance
Industries Limited v. Union of India, (2014)
7 SCC 603, and a recent judgment in
Harmony Innovation Shipping Ltd. v. Gupta
Coal India Ltd. & Anr., (decided on 10th
March, 2015 in Civil Appeal No. 610 of
2015)]."