Whether two companies incorporated in India can choose a forum for arbitration outside India – PASL Wind Solutions Pvt. Ltd. Vs. GE Power Conversion India Pvt. Ltd. – Supreme Court
April 20, 2021
The present appeal raises an interesting question – as to whether two companies incorporated in India can choose a forum for arbitration outside India – and whether an award made at such forum outside India, to which the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York Convention) applies, can be said to be a “foreign award” under Part II of the Arbitration and Conciliation Act, 1996 (Arbitration Act) and be enforceable as such.