Abstract

The right of two Indian parties to arbitrate at a foreign seat has been subject to a longstand-ing conflicted jurisprudence in India. In its recent decision in PASL Wind Solutions Pvt. Ltd. v GE Power Conversion India Pvt. Ltd, the Supreme Court of India finally settled this issue by unequivocally holding that two Indian parties may choose a foreign seat of arbitration and the award made at such arbitration would be a foreign award in an "international commercial arbitration," enforceable under Part II of the Arbitration and Conciliation Act, 1996 ("Act"). In doing so, the ...