Saturday, July 18, 2020

International Commercial Arbitration

International Commercial Arbitration is an alternative method of resolving disputes between private parties arising out of commercial transactions conducted across national boundaries that allows the parties to avoid litigation in national courts.
As per section 2(1)(f) of the arbitration and conciliation act, 1996, international commercial arbitration means an arbitration relating to disputes arising out of legal relationship, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is the following:-
  • An individual who is a national of, or habitually resident in any country other than India.
  • A body corporate which is incorporated in any country other than India.
  • A company or an association or a body of individuals whose central management and control is exercised in any country other than India.
  • The government of a foreign country.

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