INDIA 17

11 - 08 - 1987

INDIA 17

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XIV (1989)
Jurisdiction India
Summary

India 17. Supreme Court, 11 August 1987

Related topics
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
218

The court discusses whether referral of the resolution of disputes to arbitration is mandatory under the Convention and whether mandatory referral is an internationally uniform rule which supersedes municipal law.

Referral is mandatory
INDIA 17