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India Supreme Court Decision Signals Pro-Arbitration Turn
7 September 2012
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.
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