Post-award interim relief remains available from Court unless truly efficacious to approach Arbitral Tribunal: Kerala High Court

In M. Ashraf v. Kasim (2018), the Kerala High Court (HC) reversed a lower court’s finding that no relief can be sought under Section 9(1) of the Arbitration and Conciliation Act, 1996 (Arbitration Act/the Act) at a time when the final arbitral award has already been passed. As discussed below, the Kerala HC also clarified…

India’s See-sawing Approach to Section 11 – Good Sense Prevails

This guest post is authored by Rishabh Malaviya. Rishabh is an advocate at Arista Chambers, Bangalore. He can be contacted via email at malaviyarishabh@gmail.com. The Indian Supreme Court’s recent decision in the case of United India Insurance Co. Ltd. & Anr. v Hyundai Engineering and Construction Co. Ltd. & Ors. is a welcome (albeit partial) clarification of…

Allahabad High Court Quashes FIR against Insurance Surveyor as Arbitration Pending on Insurance Claim

  This guest post is authored by Tulika Gupta, a recent graduate from ILS Law College, Pune. Tulika has a keen interest in international law and arbitration. She has previously worked as a Research Assistant at the International Law Commission during its 70th Annual Session in New York. She can be reached at tulika03gupta@gmail.com On…

Delhi High Court Declines Determination of Res-judicata in Section 11 Application, Appoints Arbitrator

The Petitioner in Parsvnath Developers v. Rail Land Development Authority[1] requested the Delhi High Court to appoint a nominee arbitrator for the recalcitrant Respondent under Section 11 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act), in a dispute arising out of a development agreement (the Agreement). The Respondent resisted the Petitioner’s request on…

Supreme Court’s Modification of Dual Interest Rate in India-seated ICA Award: An Unwarranted Interference?

Disputes arose between Vedanta and Shenzen Shedong under four EPC contracts; each providing for arbitration seated in Mumbai governed by Indian law. While Shenzen sought damages in US Dollars, Euros and Indian Rupees, the tribunal allowed only the latter two. The tribunal also awarded a 9% uniform interest on the decretal amount, calculated from the…

How to Enforce a Singapore based Arbitral Award in India? – Part II

The first part of this post covered the entry of a Singapore award (the Award) in India along with particulars of the recognition, fora and modes of its enforcement. This part covers the sequel and spin-offs; including grounds for challenge, expenses, and issues arising while seeking enforcement of emergency awards in India. Facing the Challenge…

How to Enforce a Singapore based Arbitral Award in India? – Part I

Singapore has long served as one of the most attractive arbitral seats in the world. The Singapore International Arbitration Centre (SIAC) and the Singapore Maritime Chambers of Arbitration (SCMA) are among the prominent global arbitral institutions housed in Singapore. Both SIAC and SCMA have their own set of arbitration rules, which are complemented by the…

Arbitral Award held Enforceable even against Non-parties to Agreement and Arbitration Proceedings

In a well reasoned judgment dated 24 April 2018, a full bench of the Supreme Court (SC) in Cheran Properties Limited v Kasturi and Sons Limited (Cheran Properties Ltd.) has observed that arbitral awards are binding on and enforceable even against persons who are neither party to the arbitration agreement nor the arbitration, when such non-party…