Co-authored by Thio Ying Ying and Jolyn Khoo, Kelvin Chia,
Singapore
The present article focuses on International Commercial
Arbitrations between Indian and overseas parties, where the seat of
arbitration is in Singapore. It further discusses the issues faced
by foreign companies trying to seek alternative methods of dispute
resolution, obtain reliefs and remedies in India and Singapore as
well as with the enforcement mechanism for Singapore seated
arbitrations in both countries.
With the growth of international trade and commerce, more and
more disputes arise from cross-border transactions involving
'foreign' parties, and parties have turned towards
alternative methods of dispute resolution beyond the traditional
forum of court. Given that the bedrock of arbitration is consent by
parties, parties are free to agree to the procedures concerning
arbitrations including the seat of arbitration. Parties normally
agree to arbitration by means of an arbitration