ISSUE:
Whether Indian courts have the authority to give interim relief in international commercial arbitrations if the seat of arbitration is in a foreign country and the arbitration agreement does not expressly exclude Indian court jurisdiction?
Whether interpreting the Indian Arbitration and Conciliation Act, 1996 allows Indian courts to exercise authority and intervene in foreign-seated arbitrations, and whether such intervention affects the enforceability of arbitration agreements and awards in international commercial contracts involving Indian parties?
RULE:
Indian courts can award temporary relief and intervene in international commercial arbitration matters, provided the parties' arbitration agreement does not expressly or tacitly preclude such jurisdiction. The Bhatia International case allowed Indian courts to exercise jurisdiction in concerns about international commercial arbitration proceedings outside India to provide interim protection measures. In this case, Indian courts modified the circumstances under which they can intervene in disputes involving foreign parties.