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22 Apr 2009, 10:34 pm
The Court was, of course, bound by the apex Court's judgment in Bhatia International. [read post]
22 May 2012, 2:30 am
Muralidhar, J. last week considered these issues in Indiabulls Financial Services v Amaprop Ltd. [read post]
3 Oct 2008, 10:58 pm
(The following post is contributed by Venugopal Mahapatra and Gautam Bhatia)The case of Great Offshore Ltd. v. [read post]
13 Mar 2013, 9:08 am by Badrinath Srinivasan
Niranjan & Shantanu Narvane, ‘Bhatia International Rightly Overruled: The Consequences of Three Errors in BALCO’ (2012) 9 SCC J-26; ("Three Errors") SK Dholakia & Aarthi Rajan, ‘Not Three but Half an Error in BALCO: Bhatia International Rightly Overruled’(2013) 1 SCC J-81. [read post]
1 Nov 2011, 10:21 am by Badrinath Srinivasan
It must be noted that after Bhatia International and a string of subsequent judgements applying Bhatia International, as per Indian law, designation of seat does not operate as an exclusive jurisdiction clause in case of international commercial arbitration held outside India. [read post]
18 May 2011, 6:13 pm
” The above paragraph (para. 32) of the judgment in Bhatia International v Bulk Trading S.A (“Bhatia”) has been the source of several litigations before Indian Courts on the question of what amounts to “implied” exclusion of Part I. [read post]
5 Aug 2008, 12:48 pm
In Bhatia International [(2002) 4 SCC 105], the Court had categorically erased the distinction between Part I & Part II of the Arbitration Act, stating that provisions under Part I would apply to all arbitrations and to all related proceedings. [read post]
16 Feb 2012, 8:48 pm by Badrinath Srinivasan
We had written previously in this blog about the investment arbitration between White Industries (Australia) Ltd. against the Government of India. [read post]
26 May 2011, 5:14 pm
The SC in Bhatia International’s case held that “Part I of the A&C would apply to all arbitrations and to all proceedings relating thereto. [read post]
27 Jul 2012, 6:24 am by Victoria VanBuren
This position was affirmed by the Indian Supreme Court in Venture Global Engineering v Satyam Computer Ltd (2008) 4 SCC 190. [read post]