Bharat Aluminium Co vs Kaiser Aluminium Technical ...

The Supreme Court addressed the interpretation of Clause (2) of Section 2 of the Arbitration and Conciliation Act, 1996, in the context of an arbitration agreement that stipulated English law for arbitration proceedings while governing the agreement under Indian law. The Court held that the substantive law governing the contract was Indian law, despite the arbitration being conducted under English law, thereby clarifying the interplay between the governing law and the lex fori in arbitration. The matter was referred to a Constitution Bench for further adjudication.