Open Access Research Article

BALCO V. KAISER ALUMINIUM TECHNICAL SERVICES INC.: A CASE COMMENT & COMPARATIVE ANALYSIS OF INVOLVED LEGAL ASPECTS

Author(s):
LALIT NARAYAN MISHRA PRIYANKA KUMARI
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 6
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Abstract

ABSTRACT:
According to Halsbury’s Law of England, Arbitration is the dispute-resolution mechanism with binding effects based on disagreement made between the parties by a person or individuals rather than a national court with competent jurisdiction, after hearing both parties. There are numerous cases pending before Indian judiciary due to which its citizens are heavily relying on an alternative dispute mechanism to resolve dispute quickly without any delay of courts.
The Indian Arbitration Act of 1996 contains two distinct parts dealing with arbitration. Part I deals with domestic and foreign disputes if the seat of arbitration is in India whereas, Part II includes the New York and Geneva Conventions into Indian law and also includes the provisions related to recognition and enforcement of arbitration agreements and arbitral awards given in a foreign seat. Foreign industries were having great concern due to interference of Indian Courts in Foreign arbitration matters. The five judge bench of Supreme Court of India gave its much-awaited decision in Bharat Aluminium Co. v/s Kaiser Aluminium Technical Service Inc. (Balco) on 6 September 2012 and overruled its earlier decision provided in Bhatia International v. Bulk Trading S.A and Ventur Global Engineering v. Satyam Computer Services ltd. and held that Indian courts doesn’t have jurisdiction in the matter of arbitral proceeding outside India. The purpose of this paper is to examine the judicial intervention earlier and after the BALCO case.

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Author Details

Authors: LALIT NARAYAN MISHRA & PRIYANKA KUMARI
Registration ID: 1013231 | Published Paper ID: IJLRA13231 & IJLRA13232
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1709-1724

Article Information

BALCO V. KAISER ALUMINIUM TECHNICAL SERVICES INC.: A CASE COMMENT & COMPARATIVE ANALYSIS OF INVOLVED LEGAL ASPECTS

Authors: LALIT NARAYAN MISHRA, PRIYANKA KUMARI

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 6
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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