INDIA 53

24 - 08 - 2016

INDIA 53

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLII (2017)
Jurisdiction India
Summary

India 53. Sasan Power Limited v. North American Coal Corporation India Private Limited, Supreme Court of India, 24 August 2016

Related topics
220

The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

"Null and void", etc.
222

The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

Arbitrator's competence and separability of the arbitration clause
INDIA 53