Search Results Page
Search Results
1 - 10 of 21 (0.32 seconds)The Arbitration And Conciliation Act, 1996
Bhatia International vs Bulk Trading S. A. & Anr on 13 March, 2002
The judgment
in Bhatia [Bhatia International v. Bulk Trading
S.A., (2002) 4 SCC 105] has been expressly
overruled by a five-Judge Bench
in BALCO [BALCO v. Kaiser Aluminium Technical
Services Inc., (2012) 9 SCC 552 : (2012) 4 SCC
13/54
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/10/2025 04:04:41 pm )
O.A.No.194 of 2025
(Civ) 810] . Pursuant thereto, a proviso has now
been inserted to Section 2(2) which only makes it
clear that where, in an arbitration which takes
place outside India, assets of one of the parties are
situated in India and interim orders are required
qua such assets, including preservation thereof,
the courts in India may pass such orders. It is
important to note that the expression
“international commercial arbitration” is specifically
spoken of in the context of a place of arbitration
being outside India, the consequence of which is
an arbitral award to be made in such place, but
which is enforced and recognised under the
provisions of Part II of the Arbitration Act. The
context of this expression is, therefore, different
from the context of the definition of “international
commercial arbitration” contained in Section
2(1)(f), which is in the context of such arbitration
taking place in India, which only applies “unless
the context otherwise requires”. The four sub-
clauses contained in Section 2(1)(f) would make it
clear that the definition of the expression
“international commercial arbitration” contained
therein is party-centric in the sense that at least
one of the parties to the arbitration agreement
should, inter alia, be a person who is a national of
or habitually resident in any country other than
India. On the other hand, when “international
14/54
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/10/2025 04:04:41 pm )
O.A.No.194 of 2025
commercial arbitration” is spoken of in the context
of taking place outside India, it is place-centric as
is provided by Section 44 of the Arbitration Act.
This expression, therefore, only means that it is an
arbitration which takes place between two parties
in a territory outside India, the New York
Convention applying to such territory, thus making
it an “international” commercial arbitration.”