In addition, Article 16 of the HKAO provides that arbitration proceedings are brought before a closed court, with hearings before an open court being pending only in exceptional cases (at the request of a party or if the court is satisfied that the proceedings are heard in open court). Most agreements contain a clause that explicitly states the law that governs the material contract. In the absence of such a clause, the court applies conflict of law rules to determine the material law of litigation. Yes, the arbitration clauses are separate from the main contract under Section 34 hKAO (which adopts section 16 of the UNCIC Model Act, subject to Section 13(5). (30) “[A] presumption may be that the law of the country where arbitration is granted is the right of the arbitration agreement.” India has also signed comprehensive economic cooperation agreements with major investment partners such as Japan, South Korea and Singapore, the other Bay of Bengale Multi-Sector Technical and Economic Cooperation Initiative (Bangladesh, Bhutan, Burma, India, Sri Lanka and Thailand), the Association of Southeast Asian Nations and the European Union. “71.5. (v) If the compromise clause is found to be feasible, is the arbitration headquarters located in London or India? The Supreme Court does not appear to have definitively answered this question in balco. The question (i.e. whether two Indian parties can accept arbitration proceedings abroad) was also unanswered in a Delhi Supreme Court case. (58) The Tribunal found that, in a tripartite agreement, the foreign party would make the compromise clause of the agreement appropriate for international arbitration; Accordingly, the court stated that “arbitration remains in the nature of international commercial arbitration and that the parties cannot be held responsible for the public order charge.” Since the Tribunal`s power derives from the arbitration agreement, it is not empowered to make decisions against non-parties. Is the principle of jurisdiction recognized in your jurisdiction? Can a party to an arbitration ask the courts to rule on an issue of jurisdiction and jurisdiction of the court? 47. Since the principle of tacit exclusion mentioned at Bhatia International (supra) would apply, it is not necessary to apply the clause contained in the agreement, as any interpretation of the above document would have no difference from the final conclusion to which we have already reached.” (Added highlight.) In August 2014, the Law Commission of India proposed a series of far-reaching reforms to the Arbitration and Conciliation Act.