The decision of the Constitutional Bench of the Supreme Court, in Bharat Aluminium Co v Kaiser Aluminium Technical Service (“BALCO”), where the Supreme Court declared that Part I of the Arbitration and Conciliation Act, 1996 (the “Act”) will not apply to arbitrations conducted outside India, is likely to have an enormous impact not only on the arbitration and commercial law jurisprudence in India but also on foreign investment flowing into India. This article sets out, in brief, the issues involved in BALCO and why they are of such great significance, a comparative analysis of the . . .
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