Tuesday, May 4, 2021
Two Indian parties are entitled to elect a seat of arbitration outside India;
The expression “International Commercial Arbitration” in Part I of the Arbitration Act is party-centric, whereas, when used in the context of Part II signifies a place-centric approach;
Resultantly, a foreign seated arbitration between two Indian parties would qualify as “International Commercial Arbitration” under Part II of the Arbitration Act, and enforcement of a foreign award arising thereunder will have to be filed before the High Court;
Two Indian parties are entitled to interim reliefs before Indian Courts, even if their arbitration is seated outside India;