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Indian international arbitration e-bulletin
- Herbert Smith Freehills LLP
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- India
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- March 27 2013
Welcome to our latest India International Arbitration ebulletin. In this edition, we look at two encouraging pro-arbitration decisions from the
Delhi High Court sets aside foreign award for arbitrator's non-disclosure of interests
- Herbert Smith Freehills LLP
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- India
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- December 6 2012
The Delhi High Court has recently set aside an award of a sole arbitrator seated in London on various grounds, including on account of the arbitrator's non-disclosure of the fact that he had also been appointed by one of the parties in another dispute
Delhi High Court on the issue of re-examining evidence under section 34 of the act
- Herbert Smith Freehills LLP
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- India
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- December 6 2012
In two recent decisions, the Delhi High Court has considered the extent to which evidence placed before the Tribunal may be re-examined by the Court, and the extent of its powers under section 34 of the Indian Arbitration and Conciliation Act 1996 (the "Act") in this regard
Supreme Court of India delivers landmark arbitration decision in Bharat Aluminium, overruling Bhatia International
- Herbert Smith Freehills LLP
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- India
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- November 6 2012
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 has been overruled by the Indian Supreme Court in the case of Bharat Aluminium v Kaiser Aluminium, paving the way for an end to intervention by the Indian courts in arbitrations seated outside India
Supreme Court of India delivers landmark arbitration decision in Bharat Aluminium overruling Bhatia International
- Herbert Smith Freehills LLP
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- India
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- September 18 2012
As reported in our blog posting on 6 September 2012, the controversial decision of the Indian Supreme Court in Bhatia International v Bulk Trading SA1 has been overruled by the Indian Supreme Court in the case of Bharat Aluminium v Kaiser Aluminium, paving the way for an end to intervention by the Indian courts in arbitrations seated outside India
Indian international arbitration
- Herbert Smith Freehills LLP
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- India, United Kingdom
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- July 16 2012
This e-bulletin discusses the arbitration-friendly decisions of the Calcutta and Delhi High Courts in Coal India Ltd v Canadian Commercial Corporation and Indiabulls Financial Services Ltd v Amaprop Ltd
Calcutta and Delhi High Courts work around Bhatia International
- Herbert Smith Freehills LLP
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- India
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- July 6 2012
In two recent decisions, the High Courts of Calcutta and Delhi have declined to set aside arbitral awards rendered in foreign seated international commercial arbitrations
India held liable under investment treaty claim for not providing "effective" means of dispute resolution
- Herbert Smith Freehills LLP
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- India
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- March 7 2012
A claim filed against India by White Industries Australia Limited ("White Industries"), an Australian mining company, under the 1999 Bilateral Investment Treaty ("BIT") between India and Australia, has been decided in favour of the Australian company
Reconsideration of Bhatia International by Indian Supreme Court constitutional bench
- Herbert Smith Freehills LLP
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- India
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- March 7 2012
The Indian Supreme Court is currently reconsidering the ratio of Bhatia International v. Bulk Trading S.A., a seminal case in Indian arbitration jurisprudence, in Bharat Aluminium v Kaiser Aluminium Technical Services
Supreme Court upholds role of courts in appointing arbitrators where allegations of fraud are made
- Herbert Smith Freehills LLP
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- India
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- March 7 2012
The Supreme Court recently reaffirmed its earlier decision in the case of SBP & Co. v. Patel Engineering Ltd, recognising the ability of courts to examine the validity of an arbitration agreement when appointing arbitrators
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