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Indian Parties Can Choose A Foreign Seat For Arbitration: Supreme Court

Share This - x The Supreme Court held that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to be Indian nationals , the bench headed by Justice Rohinton Fali Nariman observed. The bench was considering the question whether two companies incorporated in India can choose a forum for arbitration outside India in the case PASL Wind Solutions Private Limited Vs. GE Power Conversion India Private Limited. In this case, a contract was entered between two companies, both incorporated in India under the Companies Act, 1956. Clause 6 (Arbitration Clause) provided that the disputes between them shall be referred to and finally resolved by Arbitration in Zurich in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. As the disputes

Can Two Indian Parties Choose Foreign Law To Govern Their Arbitration Agreement? The Delhi High Court Answers In The Affirmative - Litigation, Mediation & Arbitration

Introduction: Recognising that an arbitration agreement between parties is an agreement independent of the substantive contract, the Delhi High Court in Dholi Spintex Pvt. Ltd. v. Louis Dreyfus Company India Pvt. Ltd. 1 has held that two Indian parties can choose a foreign law as the law governing the arbitration between them. The Court has also reiterated the legal position on limited interference by Courts in international arbitrations. Factual Background: Plaintiff ) had entered into a contract with Louis Dreyfus Company India Pvt. Ltd. (the Defendant ) for supply of 600 metric tonnes of American imported raw cotton on May 30, 2019 ( Contract ). The Contract was entered

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