Enforcing an International Agreement for Outsourcing of IT Work
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Published date: October 27, 2023
- Location: Janak Puri, New Delhi, South West Delhi, Delhi, India
Lastly, we have the facility of arbitration in India, or simply onshore arbitration which is considered a better choice than litigation before the judiciary. However, there are number of shortcomings when compared to the standard and accept version of international arbitration. It may be noted that onshore arbitration is vulnerable to excessive intervention by the Indian judiciary. However, in ONGC v. Saw Pipes, Appeal (Civil) 7419/2001, the Supreme Court of India had given an expansive interpretation to the word, “public policy” by ensuring to reopen onshore arbitral awards. On the Contrast we have offshore arbitration provides us an unbiased forum for the settlement of disputes and is the most preferred form of dispute resolution by both Indian and abroad parties. It may be noted that Indian judiciary generally reveres and enforces clauses providing for offshore arbitration.
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