The question whether two Indian parties can choose a foreign seat of arbitration has become far too obfuscated with some recent judicial pronouncements. This article seeks to argue that the scheme of Indian Arbitration and Conciliation Act (“Act”) itself does not permit it. In India, enforcement of arbitral awards is covered in two parts under…

Under Chinese law, disputes may only be submitted to arbitration outside China and/or under the auspices of foreign arbitral institutions if the dispute is “foreign related.” Historically, the Chinese courts have interpreted this requirement narrowly, and they have declined to find that the dispute is “foreign related” if both parties are registered in China, the…