INDIA: Parties will be able to evade arbitration thanks to new Supreme Court ruling
Tuesday, 16 February 2010
Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)
A recent decision of the Indian Supreme Court holds that court proceedings need not be stayed in favour of arbitration when the dispute features complex fraud allegations. Two lawyers at Herbert Smith in London, partner David Brynmor Thomas and senior associate Promod Nair, say that the ruling affords obstructionist parties the perfect excuse to subvert their agreement to arbitrate
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