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Arbitration proceedings: Order on foreign jurisdiction has a caveat

Experts explain how order on foreign jurisdiction will influence India's alternative dispute landscape

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Choice of jurisdiction is important as that decides which country’s law would apply in settlement of the dispute

Sudipto Dey New Delhi
The Gujarat High Court order that allows Indian companies to choose foreign jurisdiction for settlement of domestic dispute through arbitration proceedings has been hailed in legal circles as a landmark ruling. Experts explain how it will influence India’s alternative dispute landscape.

Why is the Gujarat High Court order being considered a landmark ruling?

This opens the door for Indian companies to seat their arbitration outside India. Legal experts point out that there have been several conflicting judgments of various courts on the issue of whether two Indian parties can choose a foreign seat for dispute settlement. The Gujarat High Court ruling says