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january 2016

Supreme Court of India · 2016-01-28

BHARAT ALUMINIUM CO. vs KAISER ALUMINIUM TECHNICAL SERVICES.INC.

Citation / case number
SC 2005/21458
Court
Supreme Court of India
Petitioner
BHARAT ALUMINIUM CO.
Respondent
KAISER ALUMINIUM TECHNICAL SERVICES.INC.
Author
KURIAN
Bench
ANIL R. DAVE,KURIAN JOSEPH,AMITAVA ROY

Judgment text excerpt

The Supreme Court held 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 clarified that this ruling would operate prospectively, meaning agreements executed prior to 06.09.2012 would still be governed by the Bhatia International decision. The judgment emphasizes the principle of party autonomy in arbitration, allowing parties to choose applicable laws for their contracts and arbitration agreements.

BHARAT ALUMINIUM CO. vs KAISER ALUMINIUM TECHNICAL SERVICES.INC. · Niyam