Getting The Deal Through – The Test of Seats: A Comparative Lens Over the Proper Law of Arbitration Agreements in India and Singapore

An ideal arbitration clause specifies the law of the arbitration agreement (governing law), the proper law of the contract (substantive law), and the law of the seat of arbitration. Arbitration clauses are further crystalized when the parties expressly indicate their choice of law. More often, the decisions that lay the law are those which arise from clauses which lack specificity and express indicators of the parties’ intent and choices. In such cases the Courts are tasked with determining whether an implied choice exists, failing which, the search for the ‘closest and most real connection’ begins. This Article explores the ever-engaging topic of the proper law of arbitration agreements, drawing from the various tests laid down through legal discourse and precedents in India and Singapore, while making a comparative analysis of the treatment of this issue in both jurisdictions. Being former colonies, these jurisdictions have a hint of colonial approach and inspiration……. Read More

Abstract

India has been synonymous with its arts in various forms. From the time of our

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