Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The Supreme Court held that two companies incorporated in India could choose a seat for arbitration outside India and the resultant award would be enforceable under Part II of the Arbitration and Conciliation Act, 1996. The Supreme Court, however, held that such parties are also entitled to interim relief under section 9 of the Act which is similar to Article 9 of the UNICTRAL Model Law.