Tag Archives: Nicholas Peacock

Win some, lose some: English court considers contractual limit on period to bring a claim in arbitration under section 12 of the Arbitration Act 1996

The English Commercial Court (the Court) has considered[1] the principles governing contractual time-bars and an application under s12 of the English Arbitration Act 1996 (the Act) to extend a contractually agreed limitation period to allow the claimant to bring claims … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Europe

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

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

English Court holds that arbitration clauses in individual sales contracts govern the disputes arising from corrupt arrangement to induce the contracts when an “umbrella agent agreement” is silent about dispute resolution

In a decision dated 24 April 2018, the English Commercial Court (the “Court“) dismissed  challenges brought under s67 and s32 of the English Arbitration Act 1996 (the “Act“) by Dreymoor Fertilisers Overseas PTE Ltd. (“Dreymoor“). The case concerned the construction … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards, Europe, Jurisdiction

India announces further amendments to the Arbitration Act to strengthen institutions and clarify previous reforms

According to this press release, on 7 March 2018, the Indian Cabinet approved a draft Bill to amend the Arbitration and Conciliation Act, 1996 (“Arbitration Act“). The press release indicates that the Bill will focus on building institutional support for … Continue reading

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

Further Indian jurisprudence on appointments of former employees as arbitrators

Since our previous report on the Delhi High Court refusing to uphold an arbitration clause that provided for the tribunal to be comprised of one party’s employees or retired employees, there have been several cases which have provided useful guidance … Continue reading

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

Delhi High Court confirms that two Indian parties can choose a foreign seat of arbitration and applies the alter ego doctrine to join non-parties to the arbitration agreement

In GMR Energy Limited v. Doosan Power Systems India Private Limited, the Delhi High Court confirmed that two Indian parties can contract to have a foreign seat of arbitration (in this case, Singapore), and also ruled that a non-party to … Continue reading

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Filed under Asia, India, Jurisdiction, Third-Party Rights

English Court rejects claim that notice of arbitration given in a foreign language is not proper notice

In a dispute between an English company and a Russian company, the English High Court (the Court) refused to set aside an order enforcing a Russian arbitration award on the grounds that the English company had not been given notice … Continue reading

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Filed under Arbitration proceedings, Challenges to awards, Enforcement, Enforcement - Europe, Europe, Russia

Indian Supreme Court upholds English High Court’s decision on parties’ choice of London seat

The Indian Supreme Court’s judgment in Roger Shashoua v Mukesh Sharma sheds further light on the court’s approach to interpreting arbitration agreements, particularly regarding the parties’ implied choice of seat. The court found that the designation of London as the … Continue reading

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Filed under Arbitration clauses, Asia, India

Russian arbitration: are international sanctions impacting party choice?

Ever since the introduction and then expansion of international sanctions on Russia (in particular by the US and the EU), arbitration practitioners have questioned whether this will prompt a change in the party selection of international arbitration in Russia-related commercial … Continue reading

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Filed under Europe, Russia, Sanctions