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Supreme Court of India 2018-05-01 disposed

Union of India vs Hardy Exploration and Production (India) INC

Bench: 2 — Abhay Manohar Sapre

In Brief

This appeal concerns whether Indian courts can challenge an international commercial arbitration award under Section 34 of the Arbitration and Conciliation Act, 1996, when the arbitration agreement specifies venue but not the seat of arbitration. The High Court dismissed the Union of India's challenge, holding Indian courts lacked jurisdiction. The Supreme Court found the questions concerning seat and venue determination—and their implications for applicable law in post-award proceedings—required larger bench consideration. The case was referred to the Chief Justice to constitute an appropriate larger bench, as these questions frequently arise in international commercial arbitration but involve substantial legal significance not yet comprehensively addressed.

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Arbitration and Conciliation International Commercial Arbitration Seat and Venue of Arbitration Jurisdiction Post-Award Arbitration

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