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CS Professional · Arbitration, Mediation and Conciliation · Conceptual Framework of International Commercial Arbitration

A partnership-type association of individuals, Nordic Marine Group, has members of various nationalities, and its central management and control is exercised in Oslo. It contracts with Kochi Shipyards Ltd, an Indian company, for ship repairs. Under the Act, how is this arbitration classified if a dispute arises from this commercial contract?

It is an international commercial arbitration. Section 2(1)(f)(iii) treats an association or body of individuals whose central management and control is exercised outside India as a qualifying party. Oslo management satisfies this, regardless of where the repair work is performed.

  1. AInternational commercial arbitration, as an association whose central management and control is exercised outside India is a qualifying partyCorrect
  2. BDomestic arbitration, because the repair work is done in India
  3. CDomestic arbitration, because only companies and individuals can be foreign parties
  4. DInternational commercial arbitration only if the Government of Norway is a party

Explanation

Section 2(1)(f)(iii) covers an association or body of individuals whose central management and control is exercised outside India. Nordic Marine Group is managed from Oslo, so the definition is met. Place of performance is not a criterion, and Government involvement is a separate limb, (iv).

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