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january 2016

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.

Bharat Aluminium Co vs Kaiser Aluminium Technical ... · Niyam