Case Analysis: PASL Wind Solutions Private Limited Vs. GE Power Conversion India Private Limited, (2021) 7 SCC 1
A R Anjali, Gujarat National Law University
NAME OF THE CASE: PASL Wind Solutions Private Limited vs. GE Power Conversion India Private Limited
CITATION: (2021) 7 SCC 1
YEAR DECIDED: 2021
BENCH: Rohinton Fali Nariman, Hrishikesh Roy, B.R. Gavai. POSTURE: Civil Appeal from the Gujarat High Court Introduction
“In the much recent case PASL Wind Solutions Private Limited v. GE Power Conversion Private Limited, a three-judge bench of the Supreme Court of India, on April 13, 2021, specified that two Indian parties could select a foreign venue for arbitration, resolving the long- debated legal issue in the Indian arbitration landscape. SC highlighted party sovereignty. It put forward the notion that enabling Indian parties to pick a foreign arbitration seat would not damage the public. Justice Nariman said, “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.” Additionally, it supported the entitlement of the parties to request temporary remedy i.e. interim relief under Section 9 of the Arbitration and Conciliation Act of 1996.”
