tag:blogger.com,1999:blog-8429122404476438989.post2198725897241770386..comments2024-03-05T01:13:08.033+05:30Comments on Lex Arbitri - the Indian Arbitration Blog: Some proposed amendments to the Arbitration and Conciliation Act (Part II)Deepak Rajuhttp://www.blogger.com/profile/10227775347125508118noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-8429122404476438989.post-16643333315913342722012-02-28T02:44:28.160+05:302012-02-28T02:44:28.160+05:30The 1996 Act as it stands today says that Part I s...The 1996 Act as it stands today says that Part I shall apply where the "place of arbitration" is in India (2(2)). Also, the Act does NOT define domestic arbitration, as it currently stands. Domestic arbitration is referred to only in the preamble, whereas in the text, reference is only made to "domestic arbitral awards" as being those rendered under Part I (2(7)). In other words, domestic arbitration awards are those resulting from an arbitration with an Indian seat (reading 2(7) with 2(2)). Now, the Act defines international commercial arbitration, but not domestic arbitration (only a domestic award). Thus, under a strict textualist view of the law as it currently stands, an international commercial arbitration involving two foreign parties having a seat in India would still result in a domestic award (2(7)) and be governed by Part I. <br /><br />I think you lose sight of the fact that a domestic arbitration is not defined in the present Act. Only a domestic award is. Moreover, according to the Act, an international commercial arbitration can lead to a domestic award, if the seat is in India.<br /><br />Am I missing something?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-27715495451917253362010-05-13T02:26:34.156+05:302010-05-13T02:26:34.156+05:30In case of Such Lacuna (refer previous comment)
T...In case of Such Lacuna (refer previous comment)<br /><br />The courts adopt two approaches<br />1. They consider the Award to be a binding contract between the parties and go for specific performance.<br />or<br />2. They consider the award to be a foriegn judgment, and enforce the same.<br />its given in pg 2238.<br /><br />Detailed discussion of enforcement of non covention award is done from pg 2473. <br /><br />Justice R.S. Bachawat's Arbitration and conciliation , 2010 ednNiranjan Rajagopalanhttps://www.blogger.com/profile/06439793225348948084noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-23157424714817608022010-05-12T16:17:43.567+05:302010-05-12T16:17:43.567+05:30with regard to the apprehended 'lacuna' - ...with regard to the apprehended 'lacuna' - the international practice with regard to dealing such lacuna has been discussed in Justice Bachawat's Arbitration, 2010 edn. Vol 2 in chapter 3 on the commentaries on part 2 of the act (comes around pg 2240. ). <br />I dont have the book with me now. <br />Il post a comment, as to what it says if possible.Niranjan Rajagopalanhttps://www.blogger.com/profile/06439793225348948084noreply@blogger.com