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Authors

Dru Miller

First Paragraph

The question of whether Indian courts have jurisdiction to set aside foreign arbitral awards has the potential to affect the international arbitration community as well as international business in India. This question implicates the Indian Arbitration Act of 1996 (“the Act”), which governs all issues of the law “relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards. . . .” Indian courts have used parts of the Act to disregard conflicting contractual provisions and assess their own jurisdiction in order to apply interim measures and set aside arbitral awards.

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