The Indus Waters Treaty arbitration has become one of the most significant treaty arbitration developments of 2026. It is no longer only about dams, rivers or hydropower. It is a test of whether a State can put a treaty “in abeyance”, refuse to participate in arbitration and still avoid the legal consequences of an arbitral […]
U.S. Supreme Court Clarifies Personal Jurisdiction in Foreign Sovereign Immunities Act Arbitration Enforcement Cases
On 5 June 2025, the United States Supreme Court issued a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., resolving an important procedural question in award enforcement against foreign states and their instrumentalities. Writing for the Court, Justice Alito held that when the Foreign Sovereign Immunities Act (FSIA) applies, federal courts do not […]
Arbitration Law in India – Two Indian Parties Can Choose a Foreign Seat of Arbitration
The Delhi High Court ruled that two Indian parties can agree in the arbitration clause to have a foreign seat of arbitration, i.e. outside India. The two Indian parties, Doosan India and GMR Chhattisgarh Energy Limited entered into a contract regarding the development of a 1350 MW Coal Fired Thermal Power Plant in Chhattisgarh. The […]
Validity of Appellate Arbitration Clauses
The validity of appellate arbitration clauses has been upheld in India. In some arbitration clauses, parties may elect to resort to appellate arbitration clauses that provide for an appellate mechanism with respect to an award in order to correct errors. While prolonging the duration of arbitration, these clauses are sometimes desired as arbitral awards cannot […]
New Arbitration Centre in India
A new arbitration centre in India is opening in the Indian city of Gurugram, located just southwest from New Delhi. The initiative for this new arbitration centre came from the Punjab and Harayana High Court. Although due to lengthy administrative procedures and government approvals it might take a few years for it to become operative, […]