Sasan Power Limited vs North American Coal Corporation India ... on 24 August, 2016
[Emphasis supplied]
22.9. It is thus evident that an arbitration agreement is an independent self-
contained agreement not dependant on the substantive agreement, therefore
irrespective of the contractual rights and obligations parties can opt for an
international arbitration. Undoubtedly the decision of Madhya Pradesh High
Court in Sasan Power (Supra) and the Supreme Court in Sasan Power Ltd.
(supra) was rendered pre amendment to Section 2(1)(f) of the Arbitration
Act however, needless to note that even in the present case, the agreements
between the parties are prior to 23rd October, 2015 i.e. pre-amendment to
Section 2 (1) (f) of the Arbitration Act.