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Clifford Chance

Clifford Chance


Indian Supreme Court upholds parties' choice to refer disputes to appellate arbitration

10 January 2017

The Indian Supreme Court in Centrotrade Minerals & Metal Inc v Hindustan Copper Ltd ("Centrotrade Minerals") has again reinforced its pro-arbitration stance by upholding the validity of an arbitration clause that provided for recourse to an appellate arbitral tribunal.

In doing so, the Court has accorded primacy to the principles of party autonomy and procedural flexibility which form the bedrock of international arbitration.

This briefing analyses the ruling in Centrotrade Minerals and the implications for parties which may consider incorporating appellate arbitration clauses into their dispute resolution provisions.

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