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    <title>2019 (4) TMI 462 - BOMBAY HIGH COURT</title>
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    <description>Section 2(1)(f)(i) of the Arbitration and Conciliation Act, 1996 treats nationality outside India or habitual residence outside India as separate, disjunctive tests for an international commercial arbitration. Habitual residence is distinct from domicile and depends on actual, bona fide residence with settled continuity, assessed from the quality, purpose and duration of residence. On the record, the applicant had lived and worked in Dubai for years, held residential status there, and the agreements and notices reflected that position; his family&#039;s residence in India did not negate that status. The disputes were therefore an international commercial arbitration, and the Section 11 applications were not maintainable before the High Court.</description>
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