Arbitration Notes

Offshore Infrastructures v. BPCL: Indian Supreme Court Charts a Clear Path When Arbitrator Appointment Clauses Fail

INDIAN SUPREME COURT REVERSES RECENT JUDGMENT AND HOLDS THAT (ALLEGEDLY) UNSTAMPED OR INADEQUATELY STAMPED ARBITRATION AGREEMENTS CANNOT HOLD UP APPOINTMENT OF ARBITRATORS OR PREVENT PARTIES FROM BEING REFERRED TO ARBITRATION

In a welcome decision for commercial parties, the Supreme Court has overruled its own controversial decision from earlier in 2023. The Court held that …

INDIAN SUPREME COURT CLARIFIES APPLICABILITY OF THE 'GROUP OF COMPANIES' DOCTRINE IN COX AND KINGS LTD. V. SAP INDIA PRIVATE LTD.

RECENT DEVELOPMENTS IN INDIA-RELATED ARBITRATION

INDIAN SUPREME COURT RULES THAT PRE-DEPOSIT REQUIREMENT IN AN ARBITRATION AGREEMENT IS UNCONSTITUTIONAL

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 …

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 …

Indian Supreme Court upholds English High Court's decision on parties' choice of London seat

The Indian Supreme Court's judgment in Roger Shashoua v Mukesh Sharma sheds further light on the court's approach to interpreting arbitration agreements, …

India related commercial contracts: dispute resolution and governing law clauses

Herbert Smith Freehills has published a new edition of its well-regarded Guide on dispute resolution and governing law clauses in India-related …

Fifth edition of our Legal Guide on Dispute Resolution and Governing Law Clauses in India-related Commercial Contracts

Herbert Smith Freehills has published a new edition of its well-regarded guide on dispute resolution and governing law clauses in India-related …

Indian Supreme Court Gives Further Reassurance on the Limits of its Jurisdiction in Cases of Arbitration Seated Outside India

In a welcome addition to the recent suite of pro-arbitration decisions emanating from India, in the case of Reliance Industries Limited & Anr v Union …

Indian Supreme Court upholds 'unworkable' arbitration clause while ensuring that supervisory jurisdiction over the arbitration only lies with the Indian Courts

Adding to the welcome suite of recent pro-arbitration decisions from the Indian judiciary, the Indian Supreme Court in Enercon (India) Ltd and Ors v …