In light of the recent English Court of Appeal's decision in Enka v Chubb [2020] and the Singapore Court of Appeal's decision in Anupam Mittal v WestBridge Ventures [2023], the author through the attached article briefly discusses the law applicable to an arbitration agreement thereby highlighting the importance of meticulous drafting of an arbitration clause in an international commercial contract. There is also a brief discussion on the status of the current arbitration law regime in India at the beginning of the article. Please note the views expressed in the article are the author's personal views and are only meant for general awareness. This is not a piece of legal advice in any form whatsoever. The author can be contacted at rk@kaushikandassociates.com. The article was published in Marex in April 2023.
Seat Approach or Underlying Contract Approach ?
Updated: Jan 5