INDIAN SUPREME COURT REVERSES RECENT JUDGMENT AND HOLDS THAT (ALLEGEDLY) UNSTAMPED OR INADEQUATELY STAMPED ARBITRATION AGREEMENTS CANNOT HOLD UP APPOINTMENT OF ARBITRATORS OR PREVENT PARTIES FROM BEING REFERRED TO ARBITRATION

In a welcome decision for commercial parties, the Supreme Court has overruled its own controversial decision from earlier in 2023. The Court held that unstamped or inadequately stamped arbitration agreements are not void or void ab initio or unenforceable. Objections as to stamping are not to be determined by courts in proceedings to refer parties … Read more

NO TWO BITES AT THE CHERRY: SINGAPORE COURT REFUSES RE-LITIGATING JURISDICTION ISSUES UPON ENFORCEMENT APPLYING DOCTRINE OF TRANSNATIONAL ISSUE ESTOPPEL

A rare five-judge bench of the Court of Appeal in The Republic of India v Deutsche Telekom AG [2023] SGCA(I) 10 has confirmed that transnational issue estoppel applies in international commercial arbitration, preventing the parties to a prior decision of the seat court on jurisdiction from re-litigating points previously raised and determined. The Republic of … Read more

INDIAN SUPREME COURT CLARIFIES APPLICABILITY OF THE ‘GROUP OF COMPANIES’ DOCTRINE IN COX AND KINGS LTD. V. SAP INDIA PRIVATE LTD.

In an important development for multi-party and multi-contract arbitration in India, the Indian Supreme Court has clarified the applicability of the ‘Group of Companies’ doctrine (the “Doctrine“) that should be relevant for arbitrations in India. In a clear elucidation of applicable law, the Indian Supreme Court in Cox and Kings Ltd. v. SAP India Private … Read more

Delhi High Court sets aside billion dollar ICC award on grounds of “patent illegality and fraud”

The Delhi High Court (the “Court“) in a recent decision, has set aside a 2015 arbitral award of the International Chamber of Commerce (“ICC“) which had directed Antrix Corporation Limited (“Antrix“) to pay damages of over US$ 560 million plus interest to Devas Multimedia Private Limited (“Devas“) (the “ICC Award“). This is the latest development … Read more

Indian Supreme Court orders arbitrator backlog to be cleared

The Indian Supreme Court has directed the High Courts to decide within six months applications to appoint arbitrators that have been pending for over a year.  While the judgment will help reduce a large backlog, it highlights the importance of designating an arbitral institution to oversee the case and appoint the arbitrators to avoid the … Read more

INSIDE ARBITRATION ISSUE #12: PERSPECTIVES ON CROSS-BORDER DISPUTES

Welcome to the twelfth issue of Inside Arbitration We are delighted to share with you the latest, new look issue of this publication from Herbert Smith Freehills’ Global Arbitration Practice. Uncertainty has been the watchword of 2021 so far. As the Covid-19 pandemic continues to impact our work and personal lives many questions remain about … Read more