Two Indian parties are allowed to seat arbitration abroad

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In Sasan Power Limited v North America Coal Corporation India Pvt Ltd, Madhya Pradesh High Court held that an arbitration agreement “cannot be termed as null and void or incapable only because the parties chose to arbitrate their dispute in a foreign country”.

Discussion,_speech,_meeting_croppedSasan Power had entered into an association agreement with North America Coal Corporation (NACC) in 2007 for developing mines in Madhya Pradesh. It provided for disputes to be resolved by arbitration administered by the ICC in London under UK law. In 2011, NACC assigned its rights, liabilities and obligations under the agreement to NACC India, which subsequently terminated the agreement and filed for arbitration. Sasan Power obtained an anti-arbitration injunction from a district court.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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