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Head Note

The Arbitration and Conciliation Act, 1996  - Section 2 (2)

Territoriality Principle - UNCITRAL Model Law - Part I of the Arbitration Act, 1996 would have no application to International Commercial Arbitration held outside India. Therefore, such awards would only be subject to the jurisdiction of the Indian courts when the same are sought to be enforced in India in accordance with the provisions contained in Part II of the Arbitration Act, 1996. There can be no overlapping or intermingling of the provisions contained in Part I with the provisions contained in Part II - Territoriality Principle - UNCITRAL Model Law - International Commercial Arbitration - the provision contained in Section 2(2) of the Arbitration Act, 1996 is not in conflict with any of the provisions either in Part I or in Part II of the Arbitration Act, 1996.

The Arbitration and Conciliation Act, 1996  - Section 9

International Commercial Arbitration - Interim Relief - Not Maintainable - Similarly, no suit for interim injunction simplicitor would be maintainable in India, on the basis of an international commercial arbitration with a seat outside India.

Topic(s)-Territoriality Principle

Important Decision(s)- International Commercial Arbitration - Interim Relief - Not Maintainable.