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

Patel Exports Ltd (India) and Gulf Trading LLC (a UAE company) agreed to arbitrate in Singapore under institutional rules, with no agreement excluding Indian provisions. Patel needs urgent interim protection against dealing with assets located in India. Which statement is correct under Section 2?

Section 9 can apply. The proviso to Section 2(2) 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. No exclusion exists here.

  1. APart I cannot apply at all because the seat is outside India
  2. BSection 9 can apply to this international commercial arbitration, subject to agreement to the contrary, if the award is enforceable under Part IICorrect
  3. COnly the Singapore courts can ever grant interim measures
  4. DSection 9 applies only if the seat is in India without exception

Explanation

The proviso to Section 2(2) says that, subject to agreement to the contrary, Sections 9, 27 and Section 37(1)(a) and (3) also apply to an international commercial arbitration seated outside India, where the award is enforceable and recognised under Part II. The parties did not exclude it, and Gulf Trading is a foreign body corporate. Hence Section 9 is available.

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