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Clifford Chance

Clifford Chance
Briefings

Briefings

Indian Supreme Court scales back intervention in foreign-seated arbitrations

11 September 2012

The Supreme Court of India has significantly limited the extent to which Indian courts can intervene in foreign-seated arbitrations.

The ruling, given by a five-judge constitutional bench in Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc, reverses the controversial Bhatia International decision from 2002 which had opened the door for heavy-handed intervention by the Indian courts. 

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