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

Which of the following arbitrations is an 'international commercial arbitration' under the Act, assuming the disputes arise from legal relationships considered commercial under Indian law?

The dispute between the Indian company and the Singapore-incorporated company is international commercial arbitration. The definition turns on a party being a foreign national or resident, a body corporate incorporated abroad, a foreign-controlled association, or a foreign government, not on where the hearing is held or who the arbitrator is.

  1. AA dispute between two Indian companies, with the arbitration held in London
  2. BA dispute between an Indian company and a company incorporated in SingaporeCorrect
  3. CA dispute between two individuals who are Indian nationals habitually resident in India, with a Swiss arbitrator
  4. DA dispute between an Indian firm and an Indian company whose shares are held by a foreign investor

Explanation

At least one party must be a foreign national or habitual resident, a body corporate incorporated outside India, an association whose central management and control is exercised outside India, or a foreign government. The Singapore company qualifies. Venue and arbitrator nationality are irrelevant, and foreign shareholding does not change the company's Indian incorporation.

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