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Saturday, January 9, 2010

Arbitration: Section 9 / Section 34 ; Applicability of Part I , exclusion by contract

Bhatia Internationals v Bulk Trading SA

Citation: (2002) 4 SCC 105 Alternative Citation: Civil
Appeal No. 6527 of 2001

The Supreme Court held that Indian Courts may grant interim measures for protecting individuals or property situated in India even if the Place of Arbitration is outside India. However, the parties, in case the place of arbitration is situated outside India, may exclude the application of Part I and Section 9 and exclude the jurisdiction the Indian Courts.


Venture Global Engineering v. Satyam Computer Services Ltd.

Citation: (2008)4 SCC 190 Alternative Citation: Civil Appeal No. 309 of 2008

This was a case concerned an application to Indian Courts to set aside an award rendered in London. The Supreme Court held that foreign awards may be challenged under S. 34 of the Arbitration and Conciliation Act, 1996 except expressly agreed otherwise. In considering any such challenge, the court should apply the expanded definition of public policy, which is, that an
award can be set aside if it contravenes any substantive provision of Indian Law or is "Patently illegal".

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