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BHARAT ALUMINIUM COMPANY vs. KAISER ALUMINIUM TECHNICAL SERVICES INC.

SCR Citation: [2016] 1 S.C.R. 364
Year/Volume: 2016/ Volume 1
Date of Judgment: 28 January 2005
Petitioner: BHARAT ALUMINIUM COMPANY
Disposal Nature: Appeals Dismissed
Neutral Citation: 2016 INSC 96
Judgment Delivered by: Hon'ble Mr. Justice Kurian Joseph
Respondent: KAISER ALUMINIUM TECHNICAL SERVICES INC.
Case Type: CIVIL APPEAL /7019/2005
Order/Judgment: Judgment
1. Headnote

Arbitration and Conciliation Act, 1996 — Part I, s. 34 - International commercial arbitration - Challenge to foreign awards — Disputes between parties referred to arbitration - Arbitration proceedings in England -- Foreign awards passed in favour of respondent — Applications u/s. 34 by appellant -- Dismissed by District Judge as also High Court - Issue as regards whether the parties by agreement, express or implied, have excluded wholly or partly, Part I of the Arbitration Act — Held: From the clauses of the arbitration agreement, it is clear that law governing the arbitration agreement is English Law, thus, there is a implied exclusion of Part I of the Arbitration Act — View taken by the High Court that the applications filed by appellant u/s. 34 are not maintainable against the foreign awards between the parties, upheld. Interpretation — Interpretation of Act, Rule or Regulation/ deeds, treaties, settlements in court/documents made by laymen like Wills — Approach by the court — Held: Court has to make different approaches depending upon the instrument falling for interpretation — Legal quality or perfection of the document is comparatively low in the third category, high in second and higher in first -- In the process of interpretation in the first category, the courts gather the purpose of the legislation, its context and text - In the second category also, the text as well as the purpose is important — In the third category, intention alone of the executor is relevant.

2. Case referred
3. Act
  • Arbitration and Conciliation Act, 1996 (26 of 1996)
  • Land Acquisition Act, 1894 (1 of 1894)
4. Keyword
  • Arbitration and Conciliation Act
  • 1996
  • international commercial arbitration
  • Challenge to foreign awards