Dispute Resolution Hotline
December 20, 2018
India: Supreme Court settles the "seat" vs "venue" debate

This 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.

 

– Bhavana Sunder & Ashish Kabra

You can direct your queries or comments to the authors


Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

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Dispute Resolution Hotline

December 20, 2018

India: Supreme Court settles the "seat" vs "venue" debate


This 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.

 

– Bhavana Sunder & Ashish Kabra

You can direct your queries or comments to the authors


Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.