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A Giant Step Forward To Being An Arbitration Friendly Jurisdiction





Kessia E. Kuriakose, NALSAR, Hyderabad & Anushka Agrawal, DSNLU, Visakhapatnam


ABSTRACT


The seat of arbitration is an important aspect of party autonomy that refers to the substantive law that will be applicable to the arbitration agreement; it also gives power to national courts to get involved in the arbitral process and provide interim relief. The seat of arbitration also determines whether the award is a foreign award or a domestic award. However even years later there have been contradictory decisions by various High Courts on this question of law. The arbitration agreement needed to have a foreign element for the parties to choose a seat of arbitration outside India. The agreements which have parties belonging to Indian jurisdiction were not allowed to choose a foreign seat of arbitration thereby diminishing the relevance of party autonomy. Some High Courts came close to giving the judgment in favour of domestic parties opting for a foreign-seated arbitration on the ground of party autonomy being of prime importance but it was never decided in a concrete manner.


By the PASL judgment the SC has finally settled the long uncertainty around the question whether parties can choose for a foreign seat of arbitration. India has moved a step closer to being an arbitration friendly jurisdiction.


Keywords: International Commercial Arbitration, Foreign Award, Public Policy, Party Autonomy, etc.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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