On 6 September 2012, the Supreme Court of India handed down its long-awaited decision in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services, Inc. In this landmark judgment, the Court held that the Indian judiciary cannot grant injunctions or set aside arbitral awards in arbitrations seated outside India. This reverses the interventionist approach adopted previously by Indian courts towards international arbitration, and is good news for foreign investors looking for greater certainty when resolving disputes with Indian parties.
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