Assignment

Assignment, Bulgaria, International arbitration

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In an interpretative judgment rendered on 21 February 2024 (“Interpretative Judgment”), the highest court of Bulgaria had the occasion to decide whether, in case of an assignment of rights under a contract, the arbitration agreement contained in the contract is transferred automatically to the assignee so that such arbitration agreement becomes effective and binding in…

Arbitration Act 1996, Assignment, English Law

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Assignment issues are often of decisive importance in international arbitrations given the hard-edged nature of questions of jurisdiction, title, and standing. These issues are often less simple than they would first appear, especially in cases involving the interaction of multiple legal systems, complex financing arrangements, insurance or insolvency. On 12 January 2024, the English Court…

Arbitration Agreement, Assignment, Assignment of arbitration clause, India

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Under the Indian Contract Act 1872 (“ICA”), an arbitration agreement is a distinct and separate contract. Like all other contracts, it can be transferred by way of assignment to third parties under Section 37 of the ICA. The Supreme Court of India in Khardah Company Ltd vs Raymon & Co. (India) Private Ltd has held…