Exercising Jurisdiction to Set Aside a Foreign Award: The Supreme Court of India in Venture Global Engineering Llc v. Satyam Computer Services Ltd and Another
Article from: TDM 5 (2011), in Resolving International Business Disputes by ADR in Asia
Summary
The article examines the approach of the Supreme Court of India to intervention by Indian courts in international arbitration and setting aside of foreign awards by Indian courts from the judgments in Bhatia International (2002) and Venture Global (2008). The result of Venture Global is that a foreign award may be set aside by an Indian court as if it was a domestic award, unless the parties have expressly agreed. Venture Global shot to fame when the judgment first came out in January 2008 and has been roundly condemned by scholars and practitioners. To note, that the ...