Implied Exclusion of Part I of the Arbitration Act II: BALCO Returns

My Lord, Did the parties, Bharat Aluminium and Kaiser Aluminium, exclude by agreement, the application of Part I of the Arbitration Act?

It is clear that the law applicable to Arbitration Agreement in the present case is English Law. Once it is found that the law governing the Arbitration Agreement is English Law, Part I of the Indian Arbitration Act stands impliedly excluded. This has been a long settled position and the latest judgment in Union of India v. Reliance Industries Limited, 2015 (10) SCALE 149 reaffirms the same…

We are hence unable to be persuaded by the persuasive argument advanced by Shri Sundaram, that the Arbitration Agreement is to be governed by the Indian Law.”

– Hon’ble Justice Kurian JosephBALCO, [Civil Appeal No. 7019 of 2005] decided on 28.01.2016.

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