Section 9 of the Act is limited to
the applications to arbitration that takes place in India and has no
applicability to arbitration which takes place outside India in
of the pronouncement in Bharat Aluminium Co. v. Kaiser Aluminium
Technical Services Inc.[1] inasmuch as clause 5 of the contract which
is the arbitration clause clearly spells out that the contract is to
be governed and construed according to English law and if the dispute
of the claim does not exceed USD 50,000, the arbitration should be
conducted in accordance with small claims procedure of the London
Maritime Arbitration Association.=
Apex court held that
Therefore, we think it would be appropriate to interpret
the clause that it is a proper clause or substantial clause and not a
curial or a procedural one by which the arbitration proceedings are to
be conducted and hence, we are disposed to think that the seat of
arbitration will be at London.
even
applying the principles laid down in Bhatia International (supra) and
scanning the anatomy of the arbitration clause, we have arrived at the
conclusion that the courts in India will not have jurisdiction as
there is implied exclusion. High court for different reason rightly set aside the order of District Judge -2015 S.C. msklawreports
