Mishra The role of seat in international commercial arbitration

1. Auflage 2018
ISBN: 978-3-668-63022-2
Verlag: GRIN Verlag
Format: PDF
Kopierschutz: 0 - No protection

E-Book, Englisch, 11 Seiten

Essay from the year 2018 in the subject Business economics - Law, grade: 5.10/7, Damodaram Sanjivayya National Law University, course: BA LLB(Hons.), language: English, abstract: Seat of arbitration assists in determining the curial law that would govern the arbitration proceedings. Prior to the Balco judgement, the law was clear that mere choice of a foreign seat will not exclude the applicability of Part I of the 1996 Act. The Balco judgement rectified this error in the interpretation and held that the choice of the seat of arbitration is akin to the exclusive jurisdiction clause. However, the judgement was applicable only prospectively. Balco judgement also created much confusion which was settled by subsequent judgements and amendments in the Act. This essay attempts to examine the role of seat in international commercial arbitration in the light of Balco and other recent judgements delivered by the apex court.

Abhinav Mishra is a practising lawyer in Delhi (India) and has appeared in matters including but not limited to matters relating to corporate insolvency, oppression and mismanagement, electricity cases such as those relating to truing up tariff and generation tariff, high stake recovery suits and arbitration matters. He is passionate about writing and has authored several papers in national and international journals on a variety of subjects such as criminal, constitutional, arbitration and commercial laws.

Autoren/Hrsg.

Mishra, Abhinav