In general, shareholder agreements involving Indian companies are governed by Indian law and often contain arbitration clauses covering disputes. Where foreign shareholders are involved, such clauses typically designate Singapore or other foreign jurisdictions as the seat.
Co-authored by Kelvin Poon, Head of the Firm’s South Asia Desk, and Avinash Pradhan, Partner, the article looks into dispute resolution through international arbitration, and how claims for minority oppression may be arbitrated in a foreign seat, even if Indian law does not allow such claims under the Companies Act to be resolved through arbitration.
For more information, click here to read the full Authored Publication.