Setting Aside Foreign Seated Arbitral Awards: Indian Supreme Court Introspects

Kathmandu School of Law Review, Volume 2, Issue 1, pp. 191-206, 2013

20 Pages Posted: 26 Feb 2014

Date Written: March 10, 2013

Abstract

Bharat Aluminium Co. Ltd. v. Kaiser Aluminium Co. Ltd. is one of the most significant judgements on arbitration rendered by the Supreme Court of India. This paper primarily provides a descriptive comment on the developments leading to the decision in BALCO from the passing of the 1996 Act and briefly analyses the effect of BALCO on arbitration in India. The paper also addresses certain criticisms of the BALCO decision pertaining to its prospective applicability and non-availability of interim measures in foreign seated arbitration.

Keywords: Bharat Aluminium Co. Ltd. v. Kaiser Aluminium Co. Ltd., Bhatia International v. Bulk Trading SA, Arbitration and Conciliation Act 1996, Foreign Award, International Commercial Arbitration, seat

JEL Classification: K10, K30, K33, K39, K41, J52

Suggested Citation

Srinivasan, Badrinath and Rajiv, Roshni, Setting Aside Foreign Seated Arbitral Awards: Indian Supreme Court Introspects (March 10, 2013). Kathmandu School of Law Review, Volume 2, Issue 1, pp. 191-206, 2013, Available at SSRN: https://ssrn.com/abstract=2400876

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