Indian parties can choose the foreign forums for arbitration.

The Supreme Court held that “nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to be Indian Nationals, as has been held hereinabove.” Therefore, the Parties to a Contract who are Indian Nationals or Companies which are incorporated in India can choose a forum for arbitration outside India.

– PASL Wind Solutions Pvt. Ltd. Vs. GE Power Conversion India Pvt. Ltd., dated 20.04.2021.