Party Autonomy & Public Policy Vis-À-Vis Indian Parties Choosing a Foreign Seat of Arbitration

Mr. Tariq Khan and Nakashvir Singh Aulakh* Party autonomy is the single most important aspect of arbitration. It is the fact that the parties can choose the mode, medium, and governing law which makes arbitration the most preferred form of dispute resolution mechanism in recent years. The Supreme Court of India, time and again, hasContinue reading “Party Autonomy & Public Policy Vis-À-Vis Indian Parties Choosing a Foreign Seat of Arbitration”

Guest Post: ONGC Petro Additions v. Fernas Construction: Infusing Clarity on the Retrospective Resurrection of the Amended Section 29A or complicating it even more?

Tushar Behl & Ankit Singh* As discussed on the blog previously, the inclusion of Section 26 by way of amendments to the Indian Arbitration and Conciliation Act (“Act”), in the year 2015 cleared the air concerning the debate of retrospectivity by providing, that the amendment would not apply to arbitration proceedings commenced before 23 OctoberContinue reading “Guest Post: ONGC Petro Additions v. Fernas Construction: Infusing Clarity on the Retrospective Resurrection of the Amended Section 29A or complicating it even more?”

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