Can international disputes be resolved by arbitration in India?

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Can international disputes be resolved by arbitration in India?
 
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Advocate

Yes if there is an arbitration clause in the agreement and there is no specification who will be the arbitrator and the business is carrying in India. In such cases Chief Justice of India or his nominee will appoint the arbitrator.


The disputes should be with foreign business matters.

 
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Advocate

Yes if there is an arbitration clause in the agreement and there is no specification who will be the arbitrator and the business is carrying in India. In such cases Chief Justice of India or his nominee will appoint the arbitrator.


The disputes should be with foreign business matters.

 
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Advocate

Firstly it depends upon the fact that what is the subject matter under the Dispute. If its a commercial matter and the dispute relates to commercial dispute under the Arb. & Con Act, then the arbitration shall be hld at the place where the parties has agreed to in the agreement or at alter time. but if no place of arbitration has been decided, then the jurisdiction shall be taken keeping in view the fact where the major part of the transaction was held.


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Advocate

it doesnt matter what is the place of arbitration since it doesnt affect the leaglity of the arbitarion. the parties are free to choose UK arbitration laws or any other law of other countries even if the arbitration is taking place in India.

 
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Advocate.

Dear Guest Junaid


International disputes can be arbitrated in India and it is advantageous to have India as the venue for international arbitration, if the resultant award is to be executed in India. If one of the parties to the agreement is an Indian and the other party a foreigner, either by its nationality or its incorporation as a body corporate or its management and control is exercised in any other country or it is the Government of a foreign country, it will be styled as ‘international commercial arbitration.’  The arbitration pursuant to such an agreement may take place in India or outside. If it takes place in India the resultant award would be considered as a ‘domestic award’ and would be governed by the provisions of Part I of 1996 Act and the award so rendered can be executed as a deemed decree.  On the other hand, if the arbitration takes places outside India the resultant award would be a ‘foreign award’ governed by the provisions of Part II of 1996 Act and it can be enforced only under the Geneva / New York convention, by making it a decree of the Indian court.


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Law Officer in a CPSU

The Indian chapter of International Court of Arbtration is coming up very soon at New Delhi, which will go a long way in reducing the cost of arbitration and wastage of valuable manhours in terms of travelling to other countries for settling the disputes.

 
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medical practitioner &legal studies

thanks  for clear description on the subject. if new delhi is selected place it will be an enourmous advantages.

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

I support Mr. Pandey's opinion.

 
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yes

 
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