Share on LinkedInShare on LinkedIn

ARTICLE · 16 APRIL 2025

Dispute Resolution & ADR Newsletter - April 2025

The April 2025 edition of Fox & Mandal's Dispute Resolution & ADR newsletter analyses the 3-fold test to determine the law governing the arbitration in an international commercial agreement; impleadment of an LLP despite not being signatory to the arbitration agreement; factors for determining the maintainability of a subsequent FIR/ECIR; execution of NCDRC's penalty orders during interim moratorium under Section 96, IBC; and other recent judgments of the Supreme Court of India and High Courts.

IndiaLitigation, Mediation & Arbitration

3-fold test to determine the law governing an international arbitration clause

Disortho SAS v. Meril Life Sciences Pvt Ltd

Supreme Court of India | 2025 SCC OnLine SC 570

The Supreme Court's ruling marks a significant step in clarifying the law governing arbitration agreements in cross-border contracts by introducing a 3-fold test – considering the express choice of law, any implied choice (typically the law governing the contract), and the system with the closest and most real connection to the dispute. This judgment not only reduces ambiguity in interpreting inconsistent or conflicting dispute resolution clauses but also aligns Indian arbitration jurisprudence with global standards by referencing UK and Singapore precedents. The Court's emphasis on coherence between the governing law of the main contract and the arbitration clause enhances commercial certainty and predictability. For stakeholders, this decision serves as a vital reminder to expressly define

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from