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INDIAN SUPREME COURT OVERRULES BHATIA INTERNATIONAL – OR DOES IT?

In this post, SUMIT RAI updates us on the constitutional bench decision of the Supreme Court of India which held that Indian courts would have no jurisdiction over arbitration held outside India.

The good news is that the Supreme Court of India has overruled the severely criticized decisions in Bhatia International vs. Bulk Trading and Venture Global vs. Satyam Computers. In short, the Supreme Court held that the intention of legislature was clear that the territoriality principle was adopted in India as recommended under the UNCITRAL Model Law. Indian courts would, therefore, have no juisdiction over international commercial arbitration held outside India. Read the rest of this entry

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And so it begins…

Blog Arbitration makes a humble beginning today. One may ask – why another blog? Because we felt that despite the presence of many, there was indeed a void to be filled. This blog is committed to the subject of arbitration in the widest sense, from a purely intellectual perspective. The Blog Arbitration team has a simple agenda – to build an online resource for informal intellectual exchange on the subject of arbitration.

We aim at providing a platform for critical discussion on developments in the field of arbitration across the globe. We do not intend to be your source of ‘breaking news’ on arbitration – we humbly acknowledge that role to be beyond our reach. We do, however, promise an interesting and thought-provoking take on recent developments and evergreen controversies in the subject.  We welcome comments and criticism, as it is our belief that debate spurs further debate. We sincerely hope this blog will prove an enjoyable read and that it will urge you to return to these pages to get periodic shots of stimulants on arbitration laws.

We shall have no jurisdictional boundaries. Our endeavor is to cover every aspect of arbitration that is of any academic or practical interest to the global arbitration community.

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BLOG ARBITRATION TEAM