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  • Writer's pictureRoyzz & Co

The Supreme Court has ruled that Indian companies can arbitrate abroad

The Supreme Court has held that two Indian companies can choose a foreign jurisdiction for the arbitration of disputes. This decision partly overturns the decision of the Gujarat High Court order in GE Power Conversion India v. PASL Wind Solutions Pvt. Ltd, in which the Court found that contract law permitted parties to arbitrate disputes, even if Indian judicial scrutiny was entirely contracted out by designating a foreign seat of arbitration. The SC upheld party autonomy in designating a seat of arbitration outside India even when both parties are Indian nationals, without losing recourse to Indian courts for interim relief and enforcement.

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