Citation Infowares Ltd. v. Equinox Corporation: A Retrograde Ruling for International Commercial Arbitration
10 Pages Posted: 19 Jun 2009 Last revised: 3 Jan 2017
Date Written: June 1, 2009
This article critically examines the recent ruling of the Indian Supreme Court in Citation Infowares Ltd. v. Equinox Corporation. The court has held that it has the jurisdiction to appoint arbitrators in all international commercial arbitrations irrespective of the substantive law governing the arbitration agreement and the seat of arbitration. This article demonstrates that the ruling is based on a misconstruction of Bhatia International Ltd. v. Bulk Trading S.A and advises the foreign parties to expressly exclude all intrusive provisions of Part I of the Arbitration and Conciliation Act, 1996.
Keywords: arbitration, international, commercial, Bhatia International, India
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