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ARTICLE · 27 MARCH 2014

Pro-Arbitration Trend Continues In India?

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The beginning of new international arbitration friendly regime in India was marked when the Supreme Court of India handed down a landmark judgement "Bharat Aluminium Company and Ors. v. Kaiser Aluminium Technical Services Inc. and Ors."

IndiaLitigation, Mediation & Arbitration
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Introduction

The beginning of new international arbitration friendly regime in India was marked when the Supreme Court of India ("Supreme Court") handed down a landmark judgement Bharat Aluminium Company and Ors. v. Kaiser Aluminium Technical Services Inc. and Ors.1 ("Balco") overturning the law laid down by Bhatia International v. Bulk Trading S. A. and An2 ("Bhatia International"). Interestingly, the Supreme Court on July 3, 2013, passed a seminal judgement in Shri Lal Mahal Ltd. v. Progetto Grano Spa3 ("Shri Lal Mahal"), holding that doctrine of "patent illegality" doesn't apply to enforcement of foreign awards and unequivocally confirmed that challenges to set aside a domestic award under Section 34 of the Arbitration and Conciliation Act, 1996 ("Act") and scope of objections to the enforceability of foreign awards under Section 48 are inherently different. As a result, the scope of the expression "public policy" in Section 48 has been limited and does not

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