Can two companies incorporated in India, choose a forum for arbitration outside India?


Last updated: 05 May 2021

Court :
Supreme Court of India

Brief :
The present appeal raises an interesting question – as to whether two companies incorporated in India can choose a forum for arbitration outside India – and whether an award made at such forum outside India, to which the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 [“New York Convention”] applies, can be said to be a “foreign award” under Part II of the Arbitration and Conciliation Act, 1996 [“Arbitration Act”] and be enforceable as such. 

Citation :
CIVIL APPEAL NO. 1647 OF 2021

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