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5 May 2019, 4:41 pm
On 3 May 2019 there was a statement in open court before Nicol J in the case of Zarb-Cousin v Association of British Bookmakers Ltd. [read post]
23 Feb 2019, 11:28 am
Similarly, in the case of M/s Bhatia Plastics v. [read post]
18 Oct 2018, 7:55 am
Bhatia et al. [read post]
6 Oct 2018, 11:28 am
"The agreement related to the Pre-BALCO period and therefore the law as stated in Bhatia International applied to it, that is, Part I of the Arbitration & Conciliation Act, 1996 (1996 Act) applied even to foreign arbitrations, unless excluded expressly or impliedly. [read post]
10 Sep 2018, 10:11 pm
Bhatia International was a clear example of such an outcome. [read post]
19 Jul 2018, 1:56 am
The UNCITRAL Model Law on International Commercial Arbitration of 1985 governed the arbitration proceedings and Indian law was the substantive law of contract. [read post]
13 Mar 2013, 9:08 am
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]
7 Oct 2012, 8:54 pm
For example, in Reliance Industries Ltd. v. [read post]
27 Jul 2012, 6:24 am
This position was affirmed by the Indian Supreme Court in Venture Global Engineering v Satyam Computer Ltd (2008) 4 SCC 190. [read post]
24 Jul 2012, 10:16 pm
Thaicom Public Company Ltd. [read post]
22 May 2012, 2:30 am
Muralidhar, J. last week considered these issues in Indiabulls Financial Services v Amaprop Ltd. [read post]
16 Feb 2012, 8:48 pm
We had written previously in this blog about the investment arbitration between White Industries (Australia) Ltd. against the Government of India. [read post]
11 Feb 2012, 1:43 am
Kaiser Aluminium- the Five Judge Bench matter that is currently reconsidering Bhatia International).16.01.08: the Civil Appeal 7019/ 2005 was heard by a Two Judge Bench which referred the matter to a Three Judge Bench.On 10.12.2009, WIAL, through its counsel Mallesons Stephen Jaques, a leading law firm in Australia, based in Sydney, sent a notice of arbitration as per the UNCITRAL Arbitration Rules, 1976. [read post]
1 Nov 2011, 10:21 am
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]
14 Sep 2011, 10:25 am
Ltd. [read post]
8 Sep 2011, 11:03 am
Ltd. [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]
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]
17 May 2011, 10:22 am
This principle, whose source is Bhatia International, is fairly well established. [read post]
19 Jul 2009, 9:54 am
The decision, Citation Infowares Ltd. v. [read post]
