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ARTICLE · 15 APRIL 2020

Arbitration Update: Recent Judgments Of The Supreme Court Of India

In this article, we are highlighting some of the recent pronouncements of the Supreme Court of India in the area of arbitration.

IndiaLitigation, Mediation & Arbitration

In this article, we are highlighting some of the recent pronouncements of the Supreme Court of India in the area of arbitration.

1. Mankastu Impex Private Limited v. Airvisual Limited, Arbitration Petition No. 32 of 2018, Judgment dated March 5, 2020

Issue: Whether on facts, the parties had agreed that the seat of arbitration is at Hong Kong? If yes, whether the application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') is maintainable to a foreign seated arbitration?

Relevant facts are that Clause 17 of the agreement relating to dispute resolution provided as under:

"17. Governing Law and Dispute Resolution

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