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Foreign award may be challenged in Indian courts

Herbert Smith Freehills LLP
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India
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February 5 2008

In the recent case of Venture Global Engineering v Satyam Computer Services Limited, Civil Appeal No. 309 of 2008 (Supreme Court of India, 10 January 2008), the Supreme Court of India held that a foreign award rendered in London under the LCIA Rules and enforced by the District Court of Michigan could be challenged before the Indian courts under the provisions of the Indian Arbitration and Conciliation Act 1996 (the "1996 Act"

The enforcement of foreign arbitral awards in India

Reed Smith LLP
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India
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May 29 2008

It may be an understatement to say that it is very irritating to anyone who has gone through the hard slog of winning an arbitration to then discover that: (a) the loser refuses to pay the award, and (b) the loser then begins to challenge the award in its local courts

Another setback for Indian arbitration (and foreign investors)

White & Case LLP
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India
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June 6 2008

The recent decision of the Supreme Court of India in Venture Global Engineering v. Satyam Computer Services Ltd. (“Venture Global”) has served another blow to the fledgling Indian arbitration regime and, in the process, sounded warning bells for those doing business in India

Supreme Court holds that a company's nationality is determined by its place of incorporation

Herbert Smith Freehills LLP
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India
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August 13 2008

In TDM Infrastructure Private Limited v UE Development India Private Limited, Arbitration Application No. 2 of 2008, the Supreme Court of India held that a company's nationality is determined primarily by its place of incorporation, and is not affected by the company's "central management and control" being located outside India

Anti-suit injunctions - 1

Reed Smith LLP
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India, United Kingdom
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May 31 2009

In Roger Shashoua and others v Mukesh Sharma 2009 EWHC 957 (Comm), the Claimants applied for an anti-suit injunction from the English court the object of which was to prevent the Defendant from pursuing proceedings in the Indian courts

Indian arbitration moves backwards

Freshfields Bruckhaus Deringer LLP
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India
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December 16 2009

A recent decision of the Supreme Court of India has underscored the importance of carefully drafted arbitration agreements for foreign parties doing business in India

Delhi High Court supports parties' agreement to arbitrate in Singapore

Herbert Smith Freehills LLP
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India
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September 2 2009

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