Arbitration Notes
Tag: nicholas peacock
Showing 60 out of 67 results
English court sets aside arbitration award for serious irregularity due to tribunal's non-disclosure of novel point central to award
The odds of successfully challenging an arbitral award in the English Courts on the basis of s68 of the Arbitration Act 1996 (serious irregularity) …
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 …
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 …
Win some, lose some: English court considers contractual limit on period to bring a claim in arbitration under section 12 of the Arbitration Act 1996
The English Commercial Court (the Court) has considered[1] the principles governing contractual time-bars and an application under s12 of the English …
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 …
Ten years of the Herbert Smith Freehills corporate law moot in India
We are proud to celebrate the tenth year of the NUJS HSF National Corporate Law Moot Court Competition ("Moot") this year. Since 2008, HSF and the WB …
English Court holds that arbitration clauses in individual sales contracts govern the disputes arising from corrupt arrangement to induce the contracts when an "umbrella agent agreement" is silent about dispute resolution
In a decision dated 24 April 2018, the English Commercial Court (the "Court") dismissed challenges brought under s67 and s32 of the English …
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 …
Further Indian jurisprudence on appointments of former employees as arbitrators
Since our previous report on the Delhi High Court refusing to uphold an arbitration clause that provided for the tribunal to be comprised of one party's …
Delhi High Court confirms that two Indian parties can choose a foreign seat of arbitration and applies the alter ego doctrine to join non-parties to the arbitration agreement
In GMR Energy Limited v. Doosan Power Systems India Private Limited, the Delhi High Court confirmed that two Indian parties can contract to have a …
English Court rejects claim that notice of arbitration given in a foreign language is not proper notice
In a dispute between an English company and a Russian company, the English High Court (the Court) refused to set aside an order enforcing a Russian …
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