India

Recent Developments in India-related International Arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. In this issue we consider various court decisions, which cover issues such as the applicability of the Arbitration Amendment Act 2015, binding non-signatories to an award, … Continue reading

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Filed under Arbitrability, Arbitration laws, Arbitration proceedings, Asia, Global Pound Conference, India, Institutions, Investment Arbitration, ISDS, News

Tribunal awards India first BIT case win, dismissing claims of French investor

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 … Continue reading

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Filed under Arbitration proceedings, Asia, Awards, India, Investment Arbitration, ISDS, Jurisdiction

India’s lower house of Parliament approves further amendments to the Indian Arbitration Act

As previously reported here, a draft Bill to amend the Arbitration and Conciliation Act 1996 (the “Act“) was approved by the Indian Cabinet on 7 March 2018 (the “Bill“). The Bill was listed as a part of the agenda for … Continue reading

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

Delhi High Court agrees to enforce CIETAC arbitral award against Indian company despite CIETAC split

In its decision of 4 July 2018, the Delhi High Court (“Court“) has agreed to enforce a China International Economic and Trade Arbitration Commission (CIETAC) award against an Indian company, despite the award debtor’s arguments that the dispute should have … Continue reading

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Filed under Asia, Enforcement, Hong Kong & China, India, Institutions

Reliance v Union of India: English Court confirms that there is no serious irregularity under s68(2)(a) if an issue of construction decided by the tribunal is “squarely in play”

In Reliance Industries Limited & Ors v The Union of India [2018] EWHC 822 (Comm) the English commercial court (the Court) considered a number of challenges to parts of an arbitration award brought under sections 67, 68 and 69 of … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Challenges to awards, Europe, India, Procedures in arbitration

Delhi High Court refuses to grant injuction restraining Vodafone’s second BIT arbitration against India

In a decision dated 7 May 2018, the Delhi High Court dismissed the Government of India’s application to declare Vodafone’s second BIT arbitration proceedings in relation to the retrospective tax liability imposed on Vodafone’s 2007 acquisition of Hutchison Whampoa’s Indian … Continue reading

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Filed under Arbitration proceedings, Asia, Court intervention, India, Investment Arbitration, ISDS

Dispute Resolution in Asia-Pacific: Parties seek efficient processes and enforceable outcomes

Following our report on the Global Pound Conference series, which brought together over 4000 stakeholders at 28 conferences worldwide, our analysis of the Asia Pacific results reveals different demands in Asia and Oceania. Six Asia Pacific cities hosted conferences to … Continue reading

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Filed under Asia, East Asia, Events, Global Pound Conference, Hong Kong & China, India, Publications and Guides, Singapore, South East Asia

Ten years of the Herbert Smith Freehills corporate law moot in India

We are proud to celebrate the tenth year of the NUJS HSF National Corporate Law Moot Court Competition (“Moot“) this year. Since 2008, HSF and the WB National University of Juridical Sciences, Kolkata (“NUJS“) have worked together to host the … Continue reading

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Filed under Asia, India, News

Indian Courts settle key issues relating to enforcement of awards

In five recent judgments, the Indian courts have offered important guidance on the enforcement of both domestic and international awards in India. This post first discusses three judgments of the Supreme Court of India (“Supreme Court“), clarifying the interpretation of … Continue reading

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Filed under Arbitration laws, Enforcement, India, Uncategorized

Delhi High Court reaffirms pro-arbitration approach in two recent judgments

In two recent judgments, the Delhi High Court (the “Court“) dismissed challenges to arbitral awards and emphasised its reluctance to interfere with decisions of arbitral tribunals, except in limited circumstances. In NHAI v M/S. Bsc-Rbm-Pati Joint Venture, the Court strongly … Continue reading

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Filed under Challenges to awards, Court intervention, India