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Herbert Smith Freehills has issued the latest edition of its India arbitration e-bulletin. In this issue, we consider various court decisions which cover topics such as the limitation period for enforcement of foreign awards, the arbitrability of fraud, ‘patent illegality’ as a ground to set aside awards, and granting of interim directions against non-signatories to … Read more
Herbert Smith Freehills has issued the latest edition of its India arbitration e-bulletin. In this issue we consider various court decisions, which cover issues such as the constitutional validity of s87 of the Arbitration Act, setting aside an award on the grounds of bias, and the time limits surrounding enforcement of awards. In other news, … Read more
An UNCITRAL arbitral tribunal has reportedly dismissed a US$36 million claim by a French investor, Louis Dreyfus Armateurs SAS (“LDA“), against India under the 1997 France-India bilateral investment treaty (“BIT“). The award is not public at this time, but press reports state that LDA has also been ordered to pay approximately US$7 million in respect … Read more
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 Indian courts and an increasing willingness of foreign investors to take on the Indian state. … Read more
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 for reduced court intervention in arbitration seated outside of India. In Bhatia International, the court … Read more