Arbitration Notes

RECENT DEVELOPMENTS IN INDIA-RELATED INVESTMENT TREATY ARBITRATION

CREATION OF NEW DELHI ARBITRATION CENTRE PROPOSED IN INDIA’S LOWER HOUSE OF PARLIAMENT

Based on the recommendations of the Sri Krishna Committee (previously discussed here), on 3 July 2019, the current Law Minister, Ravi Shankar Prasad, …

Indian Supreme Court rules that Indian courts have jurisdiction to hear an application to set aside an award issued in Malaysia

In its recent decision in Union of India v Hardy Exploration and Production (available here), the Supreme Court of India found that a contractual clause …

Indian Government launches international research project on the impact of Bilateral Investment Treaties on investment flows from/to the country

India entered into its first bilateral investment treaty (BIT), with the United Kingdom, in 1994, as part of a strategy to attract inbound foreign direct …

Recent Developments in India-related International Arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. In this issue we consider various court …

Tribunal awards India first BIT case win, dismissing claims of French investor

An UNCITRAL arbitral tribunal has reportedly dismissed a US$36 million claim by a French investor, Louis Dreyfus Armateurs SAS ("LDA"), against India …

India's lower house of Parliament approves further amendments to the Indian Arbitration Act

As previously reported here, a draft Bill to amend the Arbitration and Conciliation Act 1996 (the "Act") was approved by the Indian Cabinet on 7 March …

Delhi High Court agrees to enforce CIETAC arbitral award against Indian company despite CIETAC split

In its decision of 4 July 2018, the Delhi High Court ("Court") has agreed to enforce a China International Economic and Trade Arbitration Commission …

Delhi High Court refuses to grant injunction restraining Vodafone's second BIT arbitration against India

In a decision dated 7 May 2018, the Delhi High Court dismissed the Government of India's application to declare Vodafone’s second BIT arbitration …

Indian Courts settle key issues relating to enforcement of awards

In five recent judgments, the Indian courts have offered important guidance on the enforcement of both domestic and international awards in India. This …

Delhi High Court reaffirms pro-arbitration approach in two recent judgments

In two recent judgments, the Delhi High Court (the "Court") dismissed challenges to arbitral awards and emphasised its reluctance to interfere with …

India announces further amendments to the Arbitration Act to strengthen institutions and clarify previous reforms

According to this press release, on 7 March 2018, the Indian Cabinet approved a draft Bill to amend the Arbitration and Conciliation Act, 1996 …