Seat of arbitration assists in determining the curial law that would govern the arbitration proceedings. Prior to the Balco judgement, the law was clear that mere choice of a foreign seat will not exclude the applicability of Part I of the 1996 Act. The Balco judgement rectified this error in the interpretation and held that the choice of the seat of arbitration is akin to the exclusive jurisdiction clause. However, the judgement was applicable only prospectively. Balco judgement also created much confusion which was settled by subsequent judgements and amendments in the Act.
This essay attempts to examine the role of seat in international commercial arbitration in the light of Balco and other recent judgements delivered by the apex court.
Inhaltsverzeichnis (Table of Contents)
- Distinction between venue and seat
- Bhatia to Balco- From party centric to seat centric..
- Subsequent judgements.
- Prospectivity of Balco
- Subsequent amendment in the law.
- Is Bhatia really overruled?
- The correct test.
- Conclusion......
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay aims to examine the role of the seat in international commercial arbitration in light of the Balco case and other recent Supreme Court judgments. The essay explores the legal implications of choosing a specific seat for arbitration, particularly in relation to the application of Indian law.
- The distinction between venue and seat in international commercial arbitration.
- The shift from a "party-centric" approach to a "seat-centric" approach in determining the applicable law.
- The impact of the Balco judgment on the interpretation of the Arbitration and Conciliation Act, 1996.
- The application of the Balco principle in subsequent Supreme Court judgments.
- The evolution of the legal framework surrounding the choice of seat in international commercial arbitration.
Zusammenfassung der Kapitel (Chapter Summaries)
- Distinction between venue and seat: This chapter defines the terms "venue" and "seat" in arbitration law and highlights their distinct roles in determining the governing law. It analyzes the Delhi High Court's interpretation in PCP International Limited v. LANCO Infratech Limited.
- Bhatia to Balco- From party centric to seat centric: This chapter examines the evolution of the Supreme Court's approach to determining the applicable law in international commercial arbitration. It contrasts the "party-centric" principle established in Bhatia International v. Bulk Trading S. A. & Anr. with the "seat-centric" principle introduced in Balco. The chapter explores the reasoning behind these contrasting approaches.
- Subsequent judgements: This chapter analyzes Supreme Court decisions that followed Balco, focusing on how they reinforce the "seat-centric" approach and its implications for the interpretation of the 1996 Act. It highlights the significance of Eitzen Bulk A/S and Ors. vs. Ashapura Minechem Ltd. and Ors. in solidifying the Balco principle.
Schlüsselwörter (Keywords)
The key concepts and themes explored in this essay revolve around the legal framework governing international commercial arbitration in India. Important keywords include "seat of arbitration," "lex arbitri," "venue," "party-centric principle," "seat-centric principle," "Balco judgment," "Bhatia judgment," and "prospective application."
- Quote paper
- Abhinav Mishra (Author), 2018, The role of seat in international commercial arbitration, Munich, GRIN Verlag, https://www.grin.com/document/388166
