India

Arbitral Award, Arbitration Institutions and Rules, BIT, Enforcement, India, Investment, Investment Arbitration, Investment protection

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and Sapna Jhangiani, Clyde & Co. and Joseph P. Matthews J.D., University of Miami School of Law for Young Arbitration Practitioners It has been some time since the White Industries Australia Limited v Republic of India judgment was rendered against India in 2011. However, there remain several interesting aspects of the case still not widely…

Arbitration Agreements, India, Sovereign Immunity

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Uniform jurisprudence on Sovereign immunity still seems a long distance away in international sphere for the reason that the national laws and approaches adopted by the States govern this issue. There have been attempts in the past to somehow streamline the approach by adopting legislations and, in a broader sense, by bringing a multilateral treaty….

Arbitration, Arbitration Act, India, Supreme Court

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Linklaters

The Indian arbitration regime has seen a sea change in the last couple of years. Before the decision of the Indian Supreme Court (“SC”) in BALCO v. Kaiser Aluminium [Civ. App. No. 7019 of 2005] in 2012, the Indian judiciary was considered highly interventionist in its approach to arbitration. The reason for this was a…

Appointment of arbitrators, Arbitrators, Domestic Courts, India, International arbitration, National Arbitration Laws

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The most quintessential element of international arbitration is an impartial, independent and neutral tribunal. Where impartiality and independence of the arbitrators is equated with direct relation to or bias towards one of the parties, neutrality is related to the nationality of the arbitrator. In international sphere, the “appearance of neutrality” is considered equally important, meaning…

Ad hoc arbitration, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, India

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and Niyati Gandhi A done to death topic in arbitration gatherings in emerging markets, particularly in India, is the debate about ad hoc versus institutional arbitration. The basic arguments in favour and against both have been discussed time and again. However, renewed support for institutional arbitration can be found in two recent judgments from the…

Governing Law, India, Seat of the arbitration

(ICC International Court of Arbitration)/ /5 Comments

and Niyati Gandhi On 14 February 2014, the Supreme Court of India (SCI) in Enercon India v. Enercon GMBH [Civ. App. 2086/7 of 2014] (Enercon) found occasion to revisit issues in connection with potential laws that govern an arbitration agreement. The impugned arbitration agreement contained the following clause: 18. DISPUTES AND ARBITRATION 18.1 * *…

Arbitrability, Arbitral Tribunal, Arbitration Agreements, Enforcement of an arbitration clause, Fraud, India

(ICC International Court of Arbitration)/ /1 Comment

and Niyati Gandhi, National Law School of India University in Bangalore The issues arising out of allegations of fraud in international commercial arbitration can be listed by way of two closely connected questions: 1) Do arbitral tribunals have the substantive jurisdiction to make determinations upon allegations of fraud? 2) If the contract containing an arbitration…

Arbitration, Customary international law, India, International Law, Pakistan, Permanent Court of Arbitration, Res Judicata

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On 20 December 2013, the final phase in the Indus Waters Kishenganga Arbitration was completed with the rendering of a Final Award by the seven-member Court of Arbitration (“Court”) tasked with resolving the latest water dispute between Pakistan and India. The Court was constituted in 2010 following a Request for Arbitration submitted by Pakistan under…

Arbitration, Arbitration Act, Enforcement, India, Public Policy

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The Supreme Court of India handed down a judgment earlier this month that restates Indian position on the enforcement of foreign arbitral awards in line with the international standards. In the case of Shri Lal Mahal Ltd. v. Progetto Grano Spa, a three judge bench of the apex court held that review of a foreign…

Arbitral seat, Arbitration, Arbitration clause, India, Law governing the arbitration, Provisional measures, Supreme Court

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Yograj Infrastructure Ltd. Vs. Ssang Yong Engineering and Construction Co. Ltd. (on 1 September 2011) As reported in this blog, in May 2011 the Supreme Court of India (SCI) moderated the controversial principle it established in 2002 that allowed the Indian courts to intervene in arbitrations held outside of India unless that possibility was expressly…

Appointment of arbitrators, Arbitral seat, Arbitration Agreements, Arbitration Proceedings, India, Provisional measures, Set aside an arbitral award, UNCITRAL Model Law

(Singapore International Arbitration Centre (SIAC))/ /3 Comments

International consciousness that India is an arbitration unfriendly jurisdiction has existed for some time now. This feeling owes in part to seemingly interventionist judicial views, in part to the delays that are oft complained of about the Indian judicial system and in part to the lack of infrastructure necessary for any arbitration friendly destination. This…