Indian Supreme Court allows Indian Parties to Choose a Foreign Seat Of Arbitration

May 2021

Settling a much-litigated issue, the Supreme Court of India recently decided that two Indian parties can choose a foreign (non-Indian) seat of arbitration. Some courts had previously held that at least one party had to be a non-Indian person or company for such a clause to be effective. The Court clarified the position and held that an award issued by an arbitral tribunal in such circumstances would be enforceable in India and that the parties could also seek interim relief in India……

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