As part of its series of interviews of practitioners in international arbitration, The Arbitration Workshop has interviewed London-based Partner and Head of India Disputes Nick Peacock. In the interview, Nick outlines his thoughts on trends in commercial and investment arbitration arising out of Covid-19, the Model Bilateral Investment Treaty of India, the ICSID-UNCITRAL Draft Code … Read more

The Gujarat High Court (the “Court”) recently handed down a significant decision in GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited, Arbitration Petition No. 131 and 134 of 2019, confirming that two Indian parties are permitted to choose a foreign seat of arbitration, and that the award from such an arbitration … 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 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

In a little heralded development, the Government of India passed the Arbitration and Conciliation (Amendment) Ordinance 2020 (the “Ordinance”) on 4 November 2020 to amend the Indian Arbitration and Conciliation Act 1996 (the “Act”) with immediate effect. The Ordinance introduces provisions to stay the enforcement of arbitral awards tainted by fraud, and deletes certain provisions … Read more

This webinar will unite India disputes experts from the UK and India to take a fresh look at the India-UK disputes corridor, with a particular focus on the amended LCIA Rules, and will take place on Thursday 15 October 2020 12:00 – 1:15pm BST / 4.30 – 5.15pm IST / 7.00 – 8.15pm SGT / … Read more

Choice of dispute resolution forum can have a fundamental impact on the ability of banks and financial institutions to enforce contractual obligations. In our client webinar on 23 September, Dispute Resolution Choices for Banks and Financial Institutions: Maximising the Chances of Successful Enforcement, Julian Copeman, Nick Peacock and Hannah Ambrose discussed recent trends in dispute … 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

In this issue we consider India-related investment treaty developments (“BITs“), starting with the signing of India’s new BITs with Belarus and Taiwan. We then consider new investment treaty claims commenced by Indian investors against Saudi Arabia and Macedonia, as well as new claims commenced against India, including the potential claim brought by a Portuguese investor … Read more