India

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

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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

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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

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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

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

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers two decisions of the Delhi High Court – one which presents a novel interpretation of the Indian Arbitration Act while expanding the scope for court intervention … Continue reading

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Filed under Arbitration laws, Asia, India, Investment Arbitration, Sovereign Immunity

Shri Lal Mahal Ltd v Progetto Grano Spa: Supreme Court of India overrules Phulchand and reduces court interference in enforcement of foreign awards

In a previous e-bulletin, we had reported about the case of Phulchand Export Ltd v OOO Patriot¹ where the Supreme Court of India had set a worrying precedent by allowing parties to challenge enforcement of a foreign arbitral award on … Continue reading

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Filed under Asia, Challenges to awards, Enforcement, India

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers two pro-arbitration decisions from the Indian courts as well recent decisions rendered by the English High Court and the Singapore Court of Appeal. The e-bulletin also comments … Continue reading

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Filed under Asia, India, News, Public International Law

Singapore Court of Appeal sets aside injunction against Maldivian state-owned company in airport dispute

The Singapore Court of Appeal has set aside an interim injunction granted by the High Court against a Maldivian state-owned corporation (“MACL“), by which MACL had been restrained from interfering with the operation of the Maldives airport by the relevant … Continue reading

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Filed under Asia, India, South East Asia, Sovereign Immunity

High Court applies Sulamérica test in Arsanovia and gives rise to unexpected results

In December last year, the High Court upheld a challenge under section 67 of the Arbitration Act 1996 (the Act) in Arsanovia Ltd and others v Cruz City 1 Mauritius Holdings [2012] EWHC 3702 (Comm) and overturned an arbitration award … Continue reading

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Filed under Challenges to awards, India

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers the decision of the Supreme Court of India in Bharat Aluminium, as well as the recent decisions of the Delhi High Court concerning non-disclosure of interests … Continue reading

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Filed under Arbitration laws, Arbitrators, Asia, Challenges to awards, Evidence, India, News