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.

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Bhavana Sunder & Ashish Kabra

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