Question

To invoke international commercial arbitration it is necessary that at least one of the parties is ____________.

• A. a body corporate which is incorporated in any country other than India
• B. the Government of a foreign country
• C. an individual who is a national of, or habitually resident in any country other than India
• D. all of the above

Answer 1

The correct option is D all of the above

Under the Arbitration and Conciliation Act, 1996

Part 1 Arbitration

Chapter I : General Provisions

Section 2: Definitions

Section2(f): "International commercial arbitration" means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in for in India and where at least one of the parties is-

• an individual who is a national of, or habitually resident in, any country other than India; or
• a body corporate which is incorporated in any country other than India; or
• a company or any association or a body of individuals whose central management and control is exercised in any country other than India; or
• the Government of a foreign country.