Section 2(1)(f) "International Commercial Arbitration" – Is It As Simple As It Looks?

In India, Section 2(1)(f) of the Arbitration and Conciliation Act, 1996 (“Act”), as amended w.e.f. 23^rd October 2015, “international commercial arbitration” means an arbitration relating to a commercial dispute where at least one of the parties is:

“(i) an individual who is a national of, or habitually resident in, any country other than India; or

(ii) a body corporate which is incorporated in any country other than India; or

(iii) an association or a body of individuals whose central management and control is exercised in any country other than India; or

(iv) the Government of a foreign country”.

Prior to the amendment, “international commercial arbitration” in terms of Section 2(1)(f) of the Act meant an arbitration relating to a commercial dispute where at least one of the parties to the dispute is:“…