Skip to content

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

Ramesh Iyer, an Indian citizen, has lived in Dubai for many years and is habitually resident there. He enters a commercial consultancy contract with Bharat Infra Ltd, an Indian company whose management is in Pune. A dispute goes to arbitration. Is it an international commercial arbitration under the Act?

Yes. Section 2(1)(f)(i) covers an individual who is either a national of or habitually resident in a country other than India. Ramesh is habitually resident in Dubai, so his Indian nationality does not prevent the arbitration from being international commercial, and the seat is not a requirement.

  1. ANo, because he is an Indian national and the company is Indian
  2. BNo, because only foreign nationals count as foreign parties
  3. CYes, because an individual who is habitually resident in a country other than India is a qualifying partyCorrect
  4. DYes, but only if the arbitration is seated outside India

Explanation

Section 2(1)(f)(i) covers an individual who is a national of, or habitually resident in, a country other than India. Ramesh is habitually resident in Dubai, so the condition is satisfied despite his Indian nationality. The seat of arbitration is not part of the definition.

Did you get it right without looking?

One question tells you little. A timed set on Conceptual Framework of International Commercial Arbitration shows your real accuracy, how long you take and where you lose marks.

Practise Conceptual Framework of International Commercial ArbitrationFree diagnostic mock

More Conceptual Framework of International Commercial Arbitration questions