India, Interim Orders, Pakistan, Permanent Court of Arbitration, State-to-state arbitration, Treaty

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Clyde & Co.

International arbitration has been widely recognized as an efficient process for resolving State-to-State disputes. Factors such as procedural flexibility and party autonomy, which contribute to general appeal of international arbitration, play out to render arbitration as the preferable option for settlement of complex disputes between States. More importantly, however, the success and broader acceptance of…

Domestic Courts, Set aside an arbitral award, Singapore

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Clyde & Co.

International arbitration must of necessity rely on the courts to uphold and enforce arbitral awards and to support the arbitral process. In words of Professor Jan Paulsson, “the great paradox of arbitration is that it seeks the cooperation of the very public authorities from which it wants to free itself.” (Jan Paulsson, Arbitration in Three…

Arbitration, Arbitration Act, Arbitration Institutions and Rules, Arbitration Proceedings, IBA Guidelines on Conflicts of Interest, India

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Clyde & Co.

During the last few years, a series of court decisions in India have strengthened the pro-arbitration stance in the Indian judiciary. In BALCO (2012), the Supreme Court of India limited the supervisory jurisdiction of the Indian courts regarding arbitrations seated outside India. Since BALCO, further decisions of the Supreme Court and High Courts of India…

Annulment, Arbitration Act, Arbitration Agreements, Seat of the arbitration, UNCITRAL Model Law

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The Supreme Court of India has finally spoken to deliver a definitive ruling on the role of Indian courts in international arbitrations seated outside India. Overruling the controversial decision of Bhatia International v Bulk Trading (2002), the Supreme Court held that Indian courts do not have supervisory authority over international arbitrations taking place outside India….

Domestic Courts, International arbitration, Investment Arbitration

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It appears that the Supreme Court of Pakistan is gradually paying attention to developments in International Arbitration and to the negative remarks the Court received in the past for its hostility towards international arbitration proceedings. Without any stretch, the Supreme Court of Pakistan is widely quoted around the world as the case in point for…