Supreme Court of India · 2016-01-28
Bharat Aluminium Co vs Kaiser Aluminium Technical ...
- Citation / case number
- AIR 2016 SUPREME COURT 1285
- Court
- Supreme Court of India
- Petitioner
- Bharat Aluminium Co
- Respondent
- Kaiser Aluminium Technical ...
- Bench
- Amitava Roy, Kurian Joseph, Anil R. Dave
Judgment text excerpt
The Supreme Court clarified that Part I of the Arbitration and Conciliation Act, 1996 is applicable only to arbitrations conducted within India, thereby overruling the precedent set in Bhatia International v. Bulk Trading S.A. The Court held that this new interpretation would apply prospectively, meaning agreements executed before 06.09.2012 would still follow the Bhatia International ruling. The decision emphasizes party autonomy in arbitration agreements regarding the applicable laws governing contracts and arbitration.