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CS Professional · Arbitration, Mediation and Conciliation · Arbitration: Introduction, Agreements and its Institutions

Nair Exports Ltd (Kochi) and Tanaka Corp (a Japanese company incorporated in Japan) agree on a commercial arbitration seated in Singapore, with no agreement to the contrary. Nair needs interim protection of assets in India. Which statement is correct?

Section 9 is available. The proviso to section 2(2) extends sections 9, 27 and parts of 37 to international commercial arbitration even when the place is outside India, subject to contrary agreement. Tanaka being a foreign company makes it international commercial.

  1. ASection 9 is available because the proviso to section 2(2) applies it to international commercial arbitration even if the place is outside India, subject to contrary agreementCorrect
  2. BNo provision of Part I can apply since the place is outside India
  3. COnly section 28 applies to Singapore-seated arbitrations
  4. DSection 9 applies only if the place is in India, without exception

Explanation

Section 2(2) states Part I applies where the place is in India. Its proviso, subject to agreement to the contrary, extends sections 9, 27 and section 37(1)(a) and (3) to international commercial arbitration even if the place is outside India, where the award is enforceable under Part II. This arbitration is international commercial since Tanaka is a foreign body corporate.

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