Multiple choice

In which of the following cases it was held by the Supreme Court that Part I of the Arbitration and Conciliation Act, 1996 would have no application to International commercial arbitrations held outside India and therefore such awards would only be subject to the jurisdiction of Indian courts when the same are sought to be enforced in India in accordance with Part II of the said Act?

  1. Bharat Aluminum Company etc. v. Kaiser Aluminum Technical Services Inc. etc. (Balco) 2012 (9) SCC 552

  2. Bhatia International v. Bulk Trading SA and Anr 2002 (4) SCC 105

  3. Sachin Gupta and Anr. v. K.S Forge Metal Pvt. Ltd. (2013) 10 SCC 540

  4. Kanpur Jal Sansthan and Anr. v. Bapu Construction 2014 (1) SCALE 207

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A Correct answer
Explanation

The Balco case (2012) overruled Bhatia International and held that Part I of Arbitration Act 1996 (which governs arbitration proceedings) does NOT apply to international commercial arbitrations seated outside India. Such foreign-seated arbitrations are governed by law of seat; Indian courts only exercise jurisdiction under Part II (enforcement of foreign awards). This was a significant shift in Indian arbitration jurisprudence limiting domestic court interference in foreign arbitrations.