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

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...

Source: livelaw.in
Can Two Indian Parties Choose Foreign Law To Govern Their Arbitration Agreement? The Delhi High Court Answers In The Affirmative - Litigation, Mediation & Arbitration - Vimarsana News

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 o...

Source: mondaq.com