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Clifford Chance

Clifford Chance


Indian Supreme Court reduces uncertainty associated with pre-2012 arbitration agreements

22 June 2016

In the past few years, the Indian Supreme Court has issued a series of judgments which have strengthened the pro-arbitration stance of the Indian courts with regard to foreign-seated arbitrations. In the recent case of Etizan Bulk A/S v Ashapura Minechem Ltd (Etizan Bulk), the Indian Supreme Court firmly rejected Ashapura's attempt to set aside the award in India, on the basis that the seat of the arbitration was London and the arbitration agreement was governed by English law.

In this client briefing, we explore the recent Indian Supreme Court decisions on the issue of setting aside foreign seated arbitral awards, leading to the present case of Etizan Bulk.

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