Dispute Resolution HotlineDecember 20, 2018 India: Supreme Court settles the "seat" vs "venue" debateThis article was originally published in the December 2018 edition of International Arbitration Law Review BRIEF INTRODUCTION: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. For complete article, please click here. DisclaimerThe contents of this hotline should not be construed as legal opinion. View detailed disclaimer. |
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