Citation Infowares Ltd. v. Equinox Corporation: A Retrograde Ruling for International Commercial Arbitration

10 Pages Posted: 19 Jun 2009 Last revised: 3 Jan 2017

See all articles by Raghav Sharma

Raghav Sharma

National Law University Jodhpur (NLUJ)

Date Written: June 1, 2009

Abstract

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

Suggested Citation

Sharma, Raghav, Citation Infowares Ltd. v. Equinox Corporation: A Retrograde Ruling for International Commercial Arbitration (June 1, 2009). Available at SSRN: https://ssrn.com/abstract=1422446 or http://dx.doi.org/10.2139/ssrn.1422446

Raghav Sharma (Contact Author)

National Law University Jodhpur (NLUJ) ( email )

NH-65, Nagour Road
Kamala Nehru Nagar, Jodhpur
Mandore, Jodhpur, Rajasthan 34230
India

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