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, the court read restrictively its previous decision in N Radhakrishnan v Maestro Engineering² – where … Read more

Indian Government declares China (including the Hong Kong SAR) as a territory to which the New York Convention applies

The Indian Government has declared that China (including the Hong Kong SAR) is a territory to which the New York Convention applies under the Indian Arbitration and Conciliation Act 1996 (the “Act“). We understand that the notification will be published in the official Gazette of India shortly, following an announcement by the Hong Kong Department … Read more

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 Indian court system.  White Industries Australia Limited (White) had spent nine years attempting to enforce … Read more

LCIA India: the dawn of a new era for arbitration in India?

In April 2009, the London Court of International Arbitration (LCIA) announced plans to set up an LCIA centre in India (LCIA India). Following the establishment of its joint venture with the Dubai International Financial Centre (DIFC) in 2008, LCIA India will be only the second LCIA centre to be set up outside London in the … Read more