Sunday, January 18, 2015

Bharat Aluminium and Bhatia International (India)




Facts:

Bharat Aluminium v Kaiser Aluminium [Civil Appeal No.7019 of 2005] judgment overruled the Supreme Court’s earlier decision in Bhatia International v Bulk Trading SA [(2002) 4 SCC 105], much criticised by the international arbitration community. In Bhatia, In Bhatia International, the court had interpreted Section 2 of the Indian Arbitration and Conciliation Act 1996 in a manner that allowed Part I of the Act (which provided for remedies such as awarding interim relief and setting aside of arbitral awards) to be applied even in the context of arbitration seated outside of India

Decision:

In Barat, the court held that:

  • The decision in the case of Bhatia International has been overruled;
  • Part I of the Act (which vests courts with the powers of awarding interim relief in support of arbitration, and setting aside arbitral awards) only applies to arbitrations seated within India;
  • Awards rendered in foreign seated arbitrations are only subject to the jurisdiction of Indian courts when they are sought to be enforced in India under Part II of the Act;
  • Indian courts cannot order interim relief in support of foreign seated arbitrations;
  • The decision of the court in Bharat Aluminium only applies to arbitration agreements entered into after 6 September 2012.



Source: http://www.taylorwessing.com/news-insights/details/indian-supreme-court-judgment-welcomed-by-international-arbitration-community-2012-09-11.html

http://hsfnotes.com/arbitration/2012/09/06/supreme-court-of-india-delivers-landmark-arbitration-decision-in-bharat-aluminium-overruling-bhatia-trading/

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