In a landmark decision with significant implications for international commercial arbitration, the Supreme Court of India in TDM Infrastructure Pvt Ltd v UE Development Indian Pvt Ltd & Ors, decided on 14 May, while making a distinction between nationality and the residence of a company, held that determining the nationality of parties is a crucial factor in the appointment of arbitrator.
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The legislative and regulatory update is compiled by Nishith Desai Associates, a Mumbai-based law firm that provides legal and tax counselling. The authors can be contacted at nishith@nishithdesai.com. Readers should not act on the basis of this information without seeking professional legal advice.