The Delhi High Court (Court) recently rendered a decision in GMR v. Doosan (“GMR”) on two critical points related to Indian arbitration– a) joinder of non-signatories to arbitration and b) whether two Indian parties can choose a foreign seat. Both issues have had conflicting decisions from courts leading to confusion in jurisprudence. Did the Court’s…

The Indian Arbitration and Conciliation Act, 1996 (“Act”) makes it clear that an arbitration between an Indian and a foreign party can be governed by foreign law and can have a foreign seat. This is defined as ‘international commercial arbitration’ under the Act. However, whether two Indian parties can agree to a foreign seat for…