India: Supreme Court settles the "seat" vs "venue" debate
This article was originally published in the December 2018 edition of
International Arbitration Law Review
In this article, we discuss the recent Supreme Court ruling in the case of Union of India v Hardy Exploration and Production (India) Inc., Civil Appeal No.4628 of 2018. The Supreme Court of India was faced with the question of which laws would be applicable to post-award arbitration proceedings when the parties have agreed upon only the "venue" of arbitration and not the "seat" of arbitration. The Court interpreted the arbitration agreement between the parties and the reference to the UNCITRAL Model Law on International Commercial Arbitration 1985 to determine the seat of arbitration.
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