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CS Professional · Arbitration, Mediation and Conciliation · Commercial Transactions

Orion Marine Inc. (a US body corporate) and Konkan Shipyards Ltd have an international commercial arbitration seated in London, and the parties have not excluded any provisions by agreement. Orion urgently needs interim protection against Konkan's assets in Goa. Which statement is correct under section 2(2) proviso of the Act?

Sections 9, 27 and section 37(1)(a) and (3) apply even though the seat is London, subject to any agreement to the contrary, provided the award is enforceable and recognised under Part II. Part I as a whole does not apply to a foreign-seated arbitration.

  1. ANo provision of Part I applies, since the seat is outside India
  2. BOnly section 9 applies, and section 27 and section 37 never apply
  3. CSection 9, section 27 and section 37(1)(a) and (3) apply, subject to agreement to the contrary, if the award is enforceable under Part IICorrect
  4. DThe whole of Part I applies automatically to foreign-seated arbitrations

Explanation

Part I applies where the place of arbitration is in India. The proviso extends sections 9, 27 and section 37(1)(a) and (3) to international commercial arbitration even with a foreign seat, subject to contrary agreement, where the award is enforceable and recognised under Part II. Hence interim relief under section 9 is available, but the whole of Part I is not.

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