THE UNRESOLVED CONTROVERSY CAN TWO INDIAN PARTIES CHOOSE FOREIGN SEATED ARBITRATION AND FOREIGN LAW TO RESOLVE THEIR DISPUTES?

Published On: 01/06/2017

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The question of whether two Indian parties can have a seat of arbitration outside India and choose foreign law to resolve disputes continues to remain a vexed issue. The Supreme Court recently had an opportunity to decide this controversy in the case of Sasan Power Ltd., v. North American Coal Corporation India Private Limited ("Sasan SC case").