Question

An arbitration would be an international commercial arbitration, if the dispute arises from a legal relationship considered as commercial under the laws in force in India and where at least one of the parties is
i. an individual who is a national of, or habitually resident in, any country other than India
ii. a body corporate which is incorporated in any country other than India
iii. an association or a body of individuals whose central management and control is exercised in any country other than India
iv. the Government of a foreign country
Select the correct option:

• A. i, ii, iii, iv
• B. Only i and iv
• C. Only iii and iv
• D. Only iv

Answer 1

The Correct Option is A

An international commercial arbitration is defined under the Arbitration and Conciliation Act, 1996, as an arbitration where the dispute involves at least one party from a foreign jurisdiction. The conditions for such an arbitration include:
- Option i) is correct because an individual who is a national or habitually resident in a country other than India is a valid party for international arbitration.
- Option ii) is correct as a body corporate incorporated outside India can also be a party.
- Option iii) is correct as an association or body whose central management is in a foreign country can also be involved.
- Option iv) is correct as even a foreign government can be a party to international arbitration.

Thus, the correct answer is a) i, ii, iii, iv.