CRYTICAL ANALYSIS OF AUTONOMY TO CHOOSE FOREIGN  ARBITRATION BY TWO INDIAN PARTIES THROUGH  PASL WIND SOLUTIONS PASL (P) Ltd. v. GE POWER CONVERSION (INDIA)(P) Ltd CASE

Author: Anjali S Nair, Student at Kristujayanti College of Law, Bengaluru

Best Citation – Anjali S Nair, CRYTICAL ANALYSIS OF AUTONOMY TO CHOOSE FOREIGN  ARBITRATION BY TWO INDIAN PARTIES THROUGH  PASL WIND SOLUTIONS PASL (P) Ltd. v. GE POWER CONVERSION (INDIA)(P) Ltd CASE, ILE Competition and Company Law Journal, 1 (1) of 2023, Pg. 18-22, ISBN – 978-81-961120-6-6.

ABSTRACT

The Indian courts are burdened with thousands of cases leading to inefficiency and delay in the court proceedings. This dilemma suffered by Indian courts are due to small matters which can be settled outside are clogged before the courts. Hence, Alternative Dispute Resolution Mechanism becomes the fastest and most appropriate technique to settle the disputes outside the court.  Among the forms of ADR, Arbitration is the most appropriate dispute mechanism for settling commercial disputes, where the parties want a third neutral person to decide the outcome of their dispute, thus to circumvent formality, time, and expense of a trial. The technique of Arbitration has evolved, to settle the international disputes between two states. International Arbitration being one of the developing area, there exist numerous uncertainties to be resolved. This article aims to track the controversy regarding autonomy of two Indian parties to opt for foreign arbitration.

KEYWORDS: Alternative Dispute Resolution, Arbitration, international Arbitration, Settlement, Neutral, Foreign Award.