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, has

The Impact of Exclusion Clauses in Arbitration: A Study on Judicial Opinions, Legislative Inputs, and Way out for Global Emergence

Anchit Jain* Introduction Exclusion Clause is a kind of provision in an arbitration agreement which excludes the liability or right of a party. It creates imbalances in the rights and liabilities of the contracting parties. Moreover, an element of bias exists in such a clause. The clause can be observed in an Asymmetrical Arbitration Clause