International/ Domestic Arbitration Lawyer

Section 42 has no application in enforcement of Foreign Award, Delhi HC

By team of Advocate Retainer June 28, 2020 - 23:03

Section 42 has no application in enforcement of Foreign Award, Delhi HC

The Delhi High Court on June 8, 2020 {GLENCORE INTERNATIONAL AG vs HINDUSTAN ZINC LIMITED} held that the arbitration can be at a neutral Forum b...

Posted in Execution, Leasehold property attachment in execution, Order 21 CPC, Sec 42 Arbitration, Sec 48 Arbitration

Read more

[Foreign Award]: Refusal to adjourn by Arbitrator is not perverse, remand back is outside the jurisdiction of enforcing Court, SC

By team of Advocate Retainer June 02, 2020 - 21:30

[Foreign Award]: Refusal to adjourn by Arbitrator is not perverse, remand back is outside the jurisdiction of enforcing Court, SC

The SC on June 02, 2020 {M/S. CENTROTRADE MINERALS AND METALS INC. vs HINDUSTAN COPPER LTD.} held that remanding the matter to the ICC arbitrator ...

Posted in Foreign Award, Natural Justice, Sec 48 Arbitration, Two-tier Arbitration

Read more

[Covid-19]: Party in default prior to occurrence of Force Majeure cannot draw any benefit, Delhi HC

By team of Advocate Retainer May 30, 2020 - 15:30

[Covid-19]: Party in default prior to occurrence of Force Majeure cannot draw any benefit, Delhi HC

The Delhi High Court on May 29, 2020 {M/S HALLIBURTON OFFSHORE SERVICES INC. vs VEDANTA LIMITED & ANR.} held that it is the settled position i...

Posted in Bank Guarantee, Covid-19, Force Majeure, Sec. 9 Arbitration Act

Read more

Judgment passed in review by HC after dismissal of SLP, cannot generally be assailed in SLP afresh: Supreme Court

By team of Advocate Retainer May 22, 2020 - 21:30

Judgment passed in review by HC after dismissal of SLP, cannot generally be assailed in SLP afresh: Supreme Court

The SC on May 22, 2020 {PATEL ENGINEERING LTD. vs NORTH EASTERN ELECTRIC POWER CORPORATION LTD.} held that consistency is the cornerstone of the a...

Posted in Arbitration Amendment Act applicability, Domestic Arbitration, patent illegality, Sec 37 Arbitration Act, SLP against review judgment

Read more

Wide interpretation of a Clause of Agreement by the Arbitral Tribunal, Award rightly set aside: SC

By team of Advocate Retainer May 12, 2020 - 11:30

Wide interpretation of a Clause of Agreement by the Arbitral Tribunal, Award rightly set aside: SC

The SC on May 11, 2020 {SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. v. OIL INDIA LIMITED} held that it is a settled position that a ...

Posted in Award set aside, Force Majeure, Sec 37 Arbitration Act, Sec 56 Contract Act, Wider interpretation of Contract clause

Read more

Failure to raise plea of jurisdiction during arbitral proceedings results in Waiver: SC

By team of Advocate Retainer April 29, 2020 - 22:00

Failure to raise plea of jurisdiction during arbitral proceedings results in Waiver: SC

The SC on April 29, 2020 {QUIPPO CONSTRUCTION EQUIPMENT LIMITED v. JANARDAN NIRMAN PVT. LIMITED} held that it was possible for the respondent to r...

Posted in Domestic Arbitration, Failure to raise jurisdiction issue, Place of Arbitration, Waiver in Arbitration

Read more

SC refuses enforcement of Foreign Award being ex facie illegal : an award in violation of export policy and the Government order is against "public policy"

By team of Advocate Retainer April 22, 2020 - 20:23

SC refuses enforcement of Foreign Award being ex facie illegal : an award in violation of export policy and the Government order is against "public policy"

The SC on April 22, 2020 {NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA v. ALIMENTA S.A.} held that in the present case, the awa...

Posted in Against Public Policy, Foreign Award, Sec 32 Contract Act, Sec 56 Contract Act

Read more

Delhi High Court holds countrywide lockdown is in the nature of "force majeure" - injuncts Vedanta from invoking the bank guarantees - prima facie case of special equities

By team of Advocate Retainer April 21, 2020 - 17:30

Delhi High Court holds countrywide lockdown is in the nature of "force majeure" - injuncts Vedanta from invoking the bank guarantees - prima facie case of special equities

The Delhi High Court on April 20, 2020 {M/s HALLIBURTON OFFSHORE SERVICES INC. v. VEDANTA LIMITED & ANR} held that the countrywide lockdown, w...

Posted in Bank Guarantee, Force Majeure, interim injunction, Sec. 9 Arbitration Act, Special equities

Read more

If first court approached has no jurisdiction then subsequent application(s) filed under Arbitration Act shall only be maintainable in the court having jurisdiction i.e. seat of arbitration- Section 42 bar would not be applicable; SC.

By team of Advocate Retainer March 27, 2020 - 20:30

If first court approached has no jurisdiction then subsequent application(s) filed under Arbitration Act shall only be maintainable in the court having jurisdiction i.e. seat of arbitration- Section 42 bar would not be applicable; SC.

Supreme Court of India Justice R F NARIMAN, Justice S. RAVINDRA BHAT & Justice V. RAMASUBRAMANIAN The SC {HINDUSTAN CONSTRUCTION COMPANY LTD v....

Read more

A petition under Sec 11 is not maintainable in International Commercial Arbitration, when seat is outside India; SC.

By team of Advocate Retainer March 22, 2020 - 14:37

A petition under Sec 11 is not maintainable in International Commercial Arbitration, when seat is outside India; SC.

Supreme Court of India Justice R Banumathi, Justice A S Bopanna & Justice Hrishikesh Roy The SC {MANKASTU IMPEX PRIVATE LIMITED v. AIRVISUAL LI...

Read more

A foreign award at once is enforceable in India and cannot be stopped from enforcement under Sec 48, unless in exceptional case, viz. contrary to public policy; SC.

By team of Advocate Retainer February 22, 2020 - 21:30

A foreign award at once is enforceable in India and cannot be stopped from enforcement under Sec 48, unless in exceptional case, viz. contrary to public policy; SC.

Supreme Court of India Justice R F Nariman, Justice Aniruddha Bose & Justice V. Ramasubramanian The SC { VIJAY KARIA & ORS. v. PRYSMIAN CA...

Read more

An arbitration clause in document cannot be relied, which is not properly stamped; SC.

By team of Advocate Retainer February 17, 2020 - 20:30

An arbitration clause in document cannot be relied, which is not properly stamped; SC.

Supreme Court of India Chief Justice S A Bobde, Justice B R Gavai and Justice Surya Kant The SC {M/S DHARMARATNAKARA RAI BAHADUR ARCOT NARAINSWAMY ...

Read more