Indian Companies & Overseas Arbitration: Supreme Court Ruling

Quick Summary

This Supreme Court case examines whether two companies incorporated in India can agree to hold their arbitration proceedings outside of India. It also considers whether an award from such an arbitration, falling under the New York Convention, qualifies as a 'foreign award' enforceable in India under Part II of the Arbitration and Conciliation Act, 1996.

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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