Legal Service India - Bhatia International Vs. Bulk Trading S.A. (2002)4 SCC 105
law  in India

Bhatia International Vs. Bulk Trading S.A. (2002)4 SCC 105

Written by: Arunima Jha - University of Petroleum And Energy Studies
click here for LIVE help-desk
Chat with us  (2 PM - 9 PM IST)
Legal Advice | Find a lawyer | Constitutional law | Judgments | forms | PIL | family law | Cyber Law | Law Forum | Income-Tax | Consumer laws | Company laws
Search On:laws in IndiaLawyers Search

Copyright Online in India
Right from your Desktop - Ph no: 9891244487

Home \ Case Law

Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | 2000-05

The judgment in Bhatia International v. Bulk Trading S.A. is one of the important judgments of the Supreme Court of India that is bound to attract attention from those interested in commercial and legal dealings with India. The relevant facts can be summarised thus: the parties to an international contract had resorted to arbitration in accordance with the rules of ICC, Paris to be conducted in Paris.

As the foreign party wanted to ensure that in the event of a favourable award it would be able to recover its claim from the Indian party, it applied to an Indian court for interim measures securing the property of the Indian party. The Indian party objected to the application on the ground that the arbitration in question was being held in Paris, and under the New York Convention there is no provision for interim measure being granted by a court other than one in which the arbitration is being held.

The High Court rejected the contention. The Indian party then approached the Supreme Court, which upheld the High Court's judgment. In brief, the Supreme Court of India held that Part I of the Arbitration and Conciliation Act, 1996, which gives effect to the UNCITRAL Model Law and which confers power on the court to grant interim measures applied even to arbitration being held outside India. This short paper expresses doubts about the correctness of this conclusion on the ground that the UNCITRAL Model Law is designed to cover arbitrations, domestic or international, held within India and not outside India.

The Supreme Court gave several reasons for its conclusion. Each of them is summarized and commented upon below:
(a) The words "this Act" in Section 1 of the Arbitration and Conciliation Act, 1996 meant the entire Act. The entire Act applies to the whole of India, except that by virtue of the proviso to Section 1, the Act applies to the State of Jammu and Kashmir only for "international commercial arbitration" held in that State.

(b) Because of the said proviso, Section 2(2) of the Act, which states that Part I applies when the place of arbitration is India, cannot be given literal meaning.

(c) Giving literal meaning would imply that where "international commercial arbitration" takes place outside India, Part I would continue to apply in the State of Jammu and Kashmir but not in the rest of India. That would be "anomaly".

The author can be reached at: arunima_jha@legalserviceindia.com / ph no: +919997109793 / Print This Article

Lawyers

Lawyers Search

Find a lawyer
Know your legal options
Information about your legal issues

File Mutual Consent Divorce

Right Away
Call us at Ph no: 9650499965
Copyright Registration Online Right from your Desktop...
*Call us at Ph no: 9891244487

Legal Advice

Get legal advice from Highly qualified lawyers within 48hrs.
with complete solution.

    Your Name                Your E-mail
          

Legal Service India

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
lawyers in Jaipur
lawyers in New Delhi
lawyers in Nashik
Contract laws
Protect your website
Army law
lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Faridabad lawyers
Noida lawyers
lawyers in Dimapur
Trademark Registration in India
Woman issues
Famous Trials
lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
Gurgaon lawyers
Ghaziabad lawyers
lawyers in Guwahati
Protect your website
Law Colleges
Legal Profession
Transfer of Petition
Lawyers in India - Search by City legal Service India
lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Agra
lawyers in Siliguri
Lawyers in Auckland
Cause Lists
Immigration Law
Medico Legal
lawyers in Dhaka
lawyers in Dubai
lawyers in London
lawyers in New York
lawyers in Toronto
lawyers in Sydney
lawyers in Los Angeles
Wills
Cheque bounce laws
Lok Adalat, legal Aid and PIL

About Us | Privacy | Terms of use | Juvenile Laws | Divorce by mutual consent | Lawyers | Submit article | Lawyers Registration | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2015
ISBN No: 978-81-928510-0-6