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CS Professional · Arbitration, Mediation and Conciliation · International Law of Arbitration

Kaveri Exports Pvt Ltd (incorporated in India) and Oakridge Inc. (incorporated in the USA) agreed to arbitrate in Singapore. A dispute arises and Kaveri wants an Indian court to grant interim protection before the tribunal is formed. Under the Act as stated, what is the position?

Section 9 applies to an international commercial arbitration even when the place is outside India, subject to an agreement to the contrary, provided the award is enforceable and recognised under Part II. Part I as a whole does not apply, but this proviso lets Indian courts grant interim relief.

  1. APart I never applies because the place of arbitration is outside India
  2. BPart I applies fully to the proceedings because one party is Indian
  3. CSection 9 applies to the international commercial arbitration even though the place is outside India, unless the parties agreed otherwise, if the award is enforceable under Part IICorrect
  4. DOnly the Singapore courts can ever grant interim measures

Explanation

Section 2(2) says Part I applies where the place is in India, but the proviso extends sections 9, 27 and section 37(1)(a) and (3) to an international commercial arbitration seated abroad, subject to contrary agreement, where the award is enforceable under Part II. So the first option overstates the exclusion, and the second overstates the extension.

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