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Section 2(1)(f) of the Act defines **"International Commercial Arbitration"** to require that at least one of the parties be:
A{'text': 'An Indian company that has any business operations in any country other than India under any provision of any law in force in any State of India regardless of any other consideration of any kind', 'label': 'A'}
B{'text': 'A foreign multinational corporation listed on a foreign stock exchange under any provision of any law in force in any country other than India regardless of any other consideration of any kind', 'label': 'B'}
C{'text': 'An individual who is a national of, or habitually resident in, any country other than India; or a body corporate incorporated outside India; or an association with central management outside India; or a foreign Government', 'label': 'C'}
D{'text': 'An Indian individual who has acquired permanent residence in any country other than India under any provision of any law in force in any country other than India regardless of any other consideration', 'label': 'D'}
Answer & Solution
Correct answer: C. {'text': 'An individual who is a national of, or habitually resident in, any country other than India; or a body corporate incorporated outside India; or an association with central management outside India; or a foreign Government', 'label': 'C'}
1. Section 2(1)(f) of the Act lists four categories of "foreign" party that bring an arbitration within international commercial arbitration:
(i) an **individual who is a national of, or habitually resident in, any country other than India**;
(ii) a **body corporate incorporated outside India**;
(iii) an **association/body of individuals whose central management is exercised outside India**;
(iv) the **Government of a foreign country**.
2. The dispute must arise from a legal relationship considered commercial under the law in force in India.
3. Mere foreign operations of an Indian party are not sufficient.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 297-303._
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