Report No. 176
2.1.6 Omission in Section 2 (2) of the Act in not applying sections 8, 9, 35, 36, to international arbitration outside India:
Some problems have arisen in cases of international arbitration where the seat of arbitration is outside India. It is part of the law of arbitration in several countries to allow a few provisions of their arbitration statutes to apply to international arbitrations held outside their countries. Such provisions are those which correspond to Articles 8, 9, 35 and 36 of the Model Law. In this behalf, there has been a serious omission in the 1996 Act in not following the provisions of the UNCITRAL Model Law. This has led to litigation.