Tag Archives: Indian law

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

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Filed under Arbitration laws, Arbitrators, India, Investment Arbitration

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

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Filed under Arbitration clauses, 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

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

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

Supreme Court of India delivers landmark arbitration decision in Bharat Aluminium, overruling Bhatia International

Supreme Court of India delivers landmark arbitration decision in Bharat Aluminium, overruling Bhatia International The controversial decision of the Indian Supreme Court in Bhatia International v Bulk Trading SA has been overruled by the Indian Supreme Court, paving the way … Continue reading

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Filed under Arbitration laws, Arbitrators, Asia, Awards, India

Recent Developments in India-related International Arbitration

In this post we consider the implications for India-related international arbitration of the Indian Supreme Court re-examining the controversial Bhatia decision. We also look at the successful investment treaty claim against India in White Industries, along with the expansion of the … Continue reading

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Filed under Arbitrators, Asia, Enforcement, India, Investment Arbitration, Public International Law

India liable under BIT for extensive judicial delays

An UNCITRAL tribunal in Singapore has held that the Republic of India breached its obligation under the India-Kuwait bilateral investment treaty (BIT) to provide investors with an “effective means of asserting claims and enforcing rights” through undue delay in the … Continue reading

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Filed under Enforcement, Hong Kong & China, India, Investment Arbitration, New York Convention, South East Asia

Delhi High Court supports parties’ agreement to arbitrate in Singapore

Appellate courts in India have sometimes been subject to criticism from international arbitration practitioners due to their interventionist approach (often under the guise of supervision) towards arbitration proceedings. Therefore, it is worth noting the recent decision in Max India Limited … Continue reading

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Filed under Asia, India, South East Asia