Tag Archives: Bhatia International

Supreme Court of India Clarifies the Scope of Public Policy grounds for Challenging a Domestic Arbitration Award under Section 34 of the Arbitration and Conciliation Act

In a decision handed down recently, the Supreme Court of India found that the Delhi High Court had overstepped its powers and wrongly set aside a domestic arbitration award. In the process, the Supreme Court has clarified the scope of … Continue reading

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Filed under Challenges to awards, India

Shri Lal Mahal Ltd v Progetto Grano Spa: Supreme Court of India overrules Phulchand and reduces court interference in enforcement of foreign awards

In a previous e-bulletin, we had reported about the case of Phulchand Export Ltd v OOO Patriot¹ where the Supreme Court of India had set a worrying precedent by allowing parties to challenge enforcement of a foreign arbitral award on … Continue reading

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Filed under Asia, Challenges to awards, Enforcement, India

High Court applies Sulamérica test in Arsanovia and gives rise to unexpected results

In December last year, the High Court upheld a challenge under section 67 of the Arbitration Act 1996 (the Act) in Arsanovia Ltd and others v Cruz City 1 Mauritius Holdings [2012] EWHC 3702 (Comm) and overturned an arbitration award … Continue reading

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Filed under Challenges to awards, India

Supreme Court of India delivers landmark arbitration decision in Bharat Aluminium, overruling Bhatia International

As reported in our blog posting on 6 September 2012, the controversial decision of the Indian Supreme Court in Bhatia International v Bulk Trading SA [1] has been overruled by the Indian Supreme Court in the case of Bharat Aluminium … Continue reading

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Filed under Arbitration laws, Arbitrators, Asia, India, India Disputes, New York Convention

Supreme Court of India delivers landmark arbitration decision in Bharat Aluminium, overruling Bhatia International

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 … Continue reading

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

Recent Developments in India-related International Arbitration

In this post we consider the implications for India-related international arbitration of the Indian Supreme Court re-examining the controversial Bhatia decision. We also look at the successful investment treaty claim against India in White Industries, along with the expansion of the … Continue reading

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Filed under Arbitrators, Asia, Enforcement, India, Investment Arbitration, Public International Law

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 … Continue reading

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Filed under Enforcement, Hong Kong & China, India, Investment Arbitration, New York Convention, South East Asia

Delhi High Court supports parties’ agreement to arbitrate in Singapore

Appellate courts in India have sometimes been subject to criticism from international arbitration practitioners due to their interventionist approach (often under the guise of supervision) towards arbitration proceedings. Therefore, it is worth noting the recent decision in Max India Limited … Continue reading

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Filed under Asia, India, South East Asia