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Legal Briefing
Indian Supreme Court reconsiders law relating to offshore arbitrations
Practice Area: Arbitration
Sector: Business services
Jurisdiction: India
Published: 07 February 2012
Law Firm: Allen & Overy
Overview
On 10 January 2012, a five-judge constitutional bench of the Indian Supreme Court commenced hearings in Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc and other consolidated appeals to reconsider its earlier controversial ruling in the 2002 case of Bhatia International v Bulk Trading SA concerning the applicability of Part I of the Indian Arbitration and Conciliation Act 1996 to arbitrations seated outside India.
In this briefing, Allen & Overy provide some background to the Act and summarises the reservations about the principles laid down in Bhatia. Lastly, the briefing outlines how the outcome of the appeal is likely to be of considerable significance to investors in India.
Click 'View Briefing' to read on.
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