India

Law Commission of India proposes wide-ranging changes to the country’s arbitration regime

The Law Commission of India has proposed major amendments to the Arbitration & Conciliation Act, 1996 (the “Arbitration Act”) in order to remedy a number of perceived weaknesses and to stimulate growth in Indian arbitration as a platform for dispute … Continue reading

Leave a Comment

Filed under Arbitration laws, Arbitrators, Asia, India

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. This issue considers some significant decisions of the Indian courts, including two decisions on the arbitrability of fraud claims and a decision of the Supreme Court … Continue reading

Leave a Comment

Filed under Arbitration laws, Arbitrators, India, Investment Arbitration

UNCLOS Annex VII Tribunal decides Bangladesh-India maritime boundary dispute

On 7 July 2014, an Arbitral Tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea 1982 (the Convention) issued its award in the Bay of Bengal Maritime Boundary Arbitration between the People’s Republic … Continue reading

Leave a Comment

Filed under Asia, Boundaries and Delimitation, India, Public International Law

Upcoming Webinar: India Insights: the challenge of India-related dispute resolution and the post-election Investment landscape

Monday 7 July 2014 9.30am BST It has been a time of change for the investment climate in India – driven in large part by recent and very significant changes in the political climate in India, changing attitude of the … Continue reading

Leave a Comment

Filed under Advice on State Contracts and Disputes, Arbitration laws, Asia, Awards, Challenges to awards, India, Investment Arbitration, Uncategorized

Indian Supreme Court Gives Further Reassurance on the Limits of its Jurisdiction in Cases of Arbitration Seated Outside India

In a welcome addition to the recent suite of pro-arbitration decisions emanating from India, in the case of Reliance Industries Limited & Anr v Union of India, the Supreme Court of India overturned the decision of the Delhi High Court … Continue reading

Leave a Comment

Filed under Arbitration clauses, India

A BIT more Indian investment arbitration

As the dust settles on a momentous General Election in India, many will also have noted a number of multinationals having commenced, or taken steps towards, arbitration claims against the Government of India under Bilateral Investment Treaties (BITs) in the … Continue reading

1 Comment

Filed under Asia, India, Investment Arbitration

SIAC emergency arbitrator awards – a speedier route to interim relief before the Indian Courts?

The Singapore International Arbitration Centre (the SIAC) introduced emergency arbitrator provisions in its arbitration rules in July 2010 and has had 34 applications filed before it to date where parties have asked for an emergency arbitrator to be appointed. The … Continue reading

Leave a Comment

Filed under Arbitration rules, Arbitrators, Asia, India, Institutions

Indian Supreme Court upholds ‘unworkable’ arbitration clause while ensuring that supervisory jurisdiction over the arbitration only lies with the Indian Courts

Adding to the welcome suite of recent pro-arbitration decisions from the Indian judiciary, the Indian Supreme Court in Enercon (India) Ltd and Ors v Enercon Gmbh and Anr,¹ applied the principles of severability of the arbitration clause from the underlying contract … Continue reading

1 Comment

Filed under Arbitration clauses, Arbitrators, Asia, India

Recent Developments in India-related arbitration

Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers some significant decisions of the Indian courts, including on the arbitrability of fraud claims and on the proper forum for deciding the scope of an arbitration … Continue reading

Leave a Comment

Filed under India, News, Uncategorized

Indian Supreme Court upholds ability of arbitrators to decide issues of fraud

In another pro-arbitration decision emanating from the Supreme Court of India in the case of World Sport Group (Mauritius) Ltd v MSM Satellite (Singapore) Pte Ltd,¹ the court referred to arbitration a dispute involving allegations of fraud. In doing so, … Continue reading

Leave a Comment

Filed under Arbitration clauses, Asia, India, New York Convention