The role of seat in international commercial arbitration

The role of seat in international commercial arbitration

  • Abhinav Mishra
Publisher:GRIN VerlagISBN 13: 9783668630222ISBN 10: 3668630224

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The role of seat in international commercial arbitration is written by Abhinav Mishra and published by GRIN Verlag. It's available with International Standard Book Number or ISBN identification 3668630224 (ISBN 10) and 9783668630222 (ISBN 13).

Essay from the year 2018 in the subject Business economics - Law, grade: 5.10/7, Damodaram Sanjivayya National Law University, course: BA LLB(Hons.), language: English, abstract: Seat of arbitration assists in determining the curial law that would govern the arbitration proceedings. Prior to the Balco judgement, the law was clear that mere choice of a foreign seat will not exclude the applicability of Part I of the 1996 Act. The Balco judgement rectified this error in the interpretation and held that the choice of the seat of arbitration is akin to the exclusive jurisdiction clause. However, the judgement was applicable only prospectively. Balco judgement also created much confusion which was settled by subsequent judgements and amendments in the Act. This essay attempts to examine the role of seat in international commercial arbitration in the light of Balco and other recent judgements delivered by the apex court.