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Report No. 176

2.1.5 Application of Part I - Section 2(2):

Section 2(2) occurs in Part I of the 1996 Act and reads as follows:

"Section 2(2): This Part shall apply where the place of arbitration is in India."

In view of the new proposed definition of the term "domestic arbitration" in proposed section 2(1)(ea) and section 2(2) is proposed to be amended by introducing two clauses, viz., (a) and (b). Clause (a) will read as follows:-

"(a) This part shall apply to domestic arbitration". The study relating to proposed clause (b) is carried out in subsequent paragraphs. This will mean that Part I of the Act will apply to the cases of purely domestic arbitrations between Indian nationals and also in international arbitrations where at least one party is not an Indian national, and in both such arbitrations, the place of arbitration is in India. These two types come under the definition of 'domestic arbitration'.

The word 'domestic' signifies 'all the arbitrations in India'. The existing sec. 2(2) is in conformity with the broad principle in international commercial arbitration that (subject to exceptions as decided by the Courts in various countries) the arbitration is governed by the law of the country where it is held, namely, the "seat" or "forum" or "laws arbitri" of the arbitration. Such provisions are contained in the Geneva Protocol 1923 and the New York Convention, 1958.



The Arbitration and Conciliation (Amendment) Bill, 2001 Back




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