Bhatia International vs. Bulk Trading SA: Ambushing International Commercial Arbitration Outside India?

Journal of International Arbitration, 26(3): 357-372, 2009

24 Pages Posted: 4 Feb 2009 Last revised: 4 Jan 2017

See all articles by Raghav Sharma

Raghav Sharma

National Law University Jodhpur (NLUJ)

Date Written: January 1, 2009

Abstract

In Bhatia International v Bulk Trading SA, the Indian Supreme Court ruled that the Arbitration and Conciliation Act, 1996, applies to international commercial arbitrations held outside India. In its aftermath, this ruling has been misconstrued and misapplied by the Indian courts to fundamentally alter the nature of the Act and widen their jurisdiction over such international commercial arbitrations. This article critically examines the ruling, culls out the law laid down, explains the limits of its application and offers positive suggestions for unwary foreign parties to avoid its trap.

Keywords: Arbitration, Bhatia International, Foreign, India, Supreme Court, Venture Global, Foreign Award

Suggested Citation

Sharma, Raghav, Bhatia International vs. Bulk Trading SA: Ambushing International Commercial Arbitration Outside India? (January 1, 2009). Journal of International Arbitration, 26(3): 357-372, 2009, Available at SSRN: https://ssrn.com/abstract=1337451

Raghav Sharma (Contact Author)

National Law University Jodhpur (NLUJ) ( email )

NH-65, Nagour Road
Kamala Nehru Nagar, Jodhpur
Mandore, Jodhpur, Rajasthan 34230
India

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