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Bhatiya Internation Vs Bulk Industries
Bhatiya Internation Vs Bulk Industries
LEADNG CAsa:BHATIA
TE SMATOMA
(2 4 11 RAMNG SA
e the isene wa
Cas, the
In
this case,
of Part I and
hawold be the be
poainde
interpretati
4 SCC 105]
LEADING
CASE (2002) possible
best
would be the
what Arbitration
and
was
of the
issue
the I
n
this
this
case,
Part I
and Part
i a
interpretation of
erTetation
Conciliation A c t , 1 9 9 6 ?
Part I will
omitting toprovidethat take
observedthatby
which
arbitrations
TheCourt
Court obs commercial
would also
apply to
intermational
be Part I that
aat would ofIndia,
Indiatheeffect held out
olaceoutside
p l a c eo u t s i d e .
commercial
arbitrations
exclude it
intenational
or implied,
agolyto agreement, express to
parties by does not lead
unlessthe Such an
interpretation
Act. On
arany ofits provisions.
between any
of the provisions of
the said
This
Act.
anyconflict n o lacunae
in the said
are there
this interpretation party
remediless.
not leave a
interpretation alsodoes statute beyond
extend the scope of the
It is not for the courts to entirely for the
of the legislature. It is
the contemplation
this question
legislatureto look into
and
there was contract between the appellant
In this case,
an arbitration clausc which
respondent. This contract contained
of the
provided that arbitration was to be as per the Rules
International Chamber of Commerce ("ICC"). Respondent filed
a request for arbitration with ICC. Parties agreed that the
arbitration be held in Paris, France. ICC has appointed a sole
arbitrator. Thereafter, the respondent iled an application under
Sec. 9 of the Arbitration and Conciliation Act,
1996, before the
Additional District Judge, Indore, M.P. against the
the 2d respondent. appellant and
gov
The court
counsel for the
further held: "We
the lea
appellant that it may agree
gree with
witn
may, in Some
lead to
some cases
Statute Must be Read as a Whole 55
when the language of the statute is
rdship
to a party, however,
hardsunambiguous and admits of only one mcaning. The
or o n t e m p l a t i o n of
the
n t o this question."
hyon
ok iinto
to looi
gislature
ardvitrations whether
whet held in India or out of India. Sec. 2(1)(f)
hitrations commercial arbitration. The definition
intemational
international commercial arbitrations
an
detincs
dsnction betweeni
that
makes The said Act nowhere provides
in Indiaor outside India.
to apply to
international commercial
international commercial
are not
Isprovisions a
non-convention country
hitrations which take place in
arbitration
as meaning any
defines "arbitration"
Section 2(1Xa) arbitral institution.
administered by a permanent
whether or not could be under
that the arbitration
recognizes
Thus, this definition Commerce or the
International
Indian Chamber of
iady ike the under the
International Chamber
Arbitrations
Cramiber of Commerce. Sec. 2(1Xe)
most cases, out of India.
d Commerce vwould be held, in otherwise have
court is one which would
Fines "court" as a not
subject-matter. The definition does
sdiction in respect of the
have jurisdiction if
an
TDVide that the courts in India will not
Tabonal conmmercial arbitration takes place
outside India. Courts
of an international
WOuld havejurisdiction even in respect
euTErCal arbitration. An ouster of jurisdiction cannot be impliea.
OUtCr of jurisdiction has to be
express.
The learned court further observed that Sec. 2(2) provides
hatPart Iwould apply where the place of arbitration is in India.
Io be immediately
TOL app y noted, that it is not providing that Part1 shall
tC r e the place of arbitration is not in India. It is also
providing that Part I will "only" pply where the place of
atlismtnotration is in India.Thus
to " the legislature has notprovided that Part