India Supreme Court Decision Signals Pro-Arbitration Turn

7 September 2012
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  • The Supreme Court of India has held that Indian courts may not exercise supervisory jurisdiction over international commercial arbitrations seated outside India.‬
  • The decision signals a reversal of India’s recent jurisprudence on arbitration, which had been widely perceived as “interventionist” and “arbitration-hostile.”‬
  • The India Supreme Court’s decision is, however, effective only with respect to future arbitration agreements. It does not apply to agreements made prior to yesterday's decision.