Looking Through the Transnational Theory of Arbitration: Imagining Future Possibilities for Indian Law

Co-Author: Abhishek Dwivedi

ABSTRACT: Is India poised to be the next international arbitration hub? This paper suggests that it could,
but needs some course correction. The authors present a hypothesis that the seat theory of arbitration is undergoing a dialectical evolution. In this process, it is using the transnational theory (as its negation) to evolve into a more capable concept to tackle the challenges of modern international arbitration. India needs to create appropriate jurisprudential ecosystem to allow it to participate and contribute in this next phase of international arbitration’s evolution, rather than play catch-up, as it did in the past. Recent debates on false premises such as two Indian parties’ liberty to choose foreign seat and inventing a flawed concept of seat in domestic arbitration point to certain concealed conceptual landmines that must be deactivated at the earliest.

Pdf is available here

Online publication can be found here.

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Positive or double negative? A critique of Videocon Industries v Union of India

Published in International Arbitration Law Review [Int. A.L.R. 2011, 14(4), 138-143]

ABSTRACT: In Videocon v Union of India, the Supreme Court of India held that an express choice of a foreign law governing the arbitration agreement would amount to the exclusion of jurisdiction of Indian courts in cases of international commercial arbitration. While the decision has been widely welcomed as progressive, this article argues that the judgment is a setback to certain essential concepts of international arbitration. It also attempts to answer some selected questions with respect to the nature of plural arbitrations–an important issue in multiparty contract arbitration that has escaped attention. The article argues that the impact of Bhatia International ratio has created a set of authorities in the last decade in India, which has made the job of the legislature more complicated than if it had been corrected earlier.

Read the paper here