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Arbitration & ADR

02 January 2020
Manavendra Mishra Seat/venue/place saga continues: Supreme Court reverses view and declares earlier judgments bad law

India - Khaitan & Co

The Supreme Court recently decided key issues relating to the interpretation of arbitration clauses and the scope of appealable orders under the Arbitration and Conciliation Act. This judgment does an admirable job of resolving residual ambiguities regarding the issue of exclusive jurisdiction where the seat of an arbitration is situated. Notably, through its decision, the Supreme Court has specifically declared that its earlier judgment in Hardy Exploration and the Delhi High Court's decision in Antrix are incorrect.

Authors: Manavendra Mishra, Akash Karmarkar, Rajeswari Mukherjee
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