In Booz Allen And Hamilton V. Sbi Home Finance Ltd. Case
INTRODUCTION:
International Commercial arbitration is an alternative method of resolving disputes arising out of commercial transactions between private parties across national borders that allows the parties across national borders that allows the parties to avoid litigation in national courts . The fast pace increase in international trade and investment supported by the cross border transactions is one of the main reasons of necessity of the International Commercial Arbitration. Cross border issues itself being complicated in its root, the confusion often arises which jurisdiction the dispute would fall under or which legal system shall be followed in order to resolution proceedings, the International Commercial Arbitration comes as the rescuer to such confusions .
India in recent period is experiencing a growth in foreign investments, overseas commercial transactions
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V. SBI Home Finance Ltd. Case, the Supreme Court has discussed the concept of arbitral in detail and held that the term arbitral had different meanings in different contexts, as that the disputes which are capable of being adjudicated through arbitration, specially civil in nature, or those disputes which are already mentioned in the arbitration agreement or in the arbitration clause at the time of signing the contract. The matters which are criminal in nature or related to personal laws such as matrimonial issues, guardianship issues, testamentary issues, tenancy cases, cannot be referred to the arbitration.
The Arbitration and Conciliation Act 1996 was the first concrete law to regulate the arbitral procedures in India. Prior to that it was regulated by the Indian Arbitration Act 1940 which resembled the English Arbitration Act 1934. The Arbitration and Conciliation Act 1996 encouraged arbitration to be a set up to resolve commercial matters at international level in a cost effective and speedy way de-stressing the already over-burdened existing judicial system
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