The Choice of a Foreign Seat in Domestic Disputes – An Opportunity for one More Step Forward in India’s Journey to Establish itself as an Arbitration Friendly Jurisdiction?

The Choice of a Foreign Seat in Domestic Disputes – An Opportunity for one More Step Forward in India’s Journey to Establish itself as an Arbitration Friendly Jurisdiction?

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An article by Duncan Speller and Dharshini Prasad, published in the Indian Journal of Arbitration Law, Volume 6, Issue 2 (January 2018). The article discusses conflicting Indian case law on whether domestic parties can choose a foreign seat. It also provides a comparative and policy perspective on the issue before concluding that the ability of domestic parties to choose a foreign seat should not be fettered.

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