Arbitration Notes

To bar or not to bar – the Indian Supreme Court on limitation and applications for appointment of arbitrators

In a significant decision in Arif Azim Co. Ltd. v. Aptech Ltd. 2024 INSC 155, the Supreme Court of India (Court) has clarified the applicability of the …

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 …

NO TWO BITES AT THE CHERRY: SINGAPORE COURT REFUSES RE-LITIGATING JURISDICTION ISSUES UPON ENFORCEMENT APPLYING DOCTRINE OF TRANSNATIONAL ISSUE ESTOPPEL

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

Delhi High Court rules that third party funder has no liability to pay costs award against a losing funded party

In the recent case of Tomorrow Sales Agency Ltd v SBS Holdings Inc, a Division Bench of the Delhi High Court has refused to hold a third party funder …

Herbert Smith Freehills bolsters India disputes expertise with London hire

We are delighted to announce that Herbert Smith Freehills has hired arbitration specialist Anuradha Agnihotri as Of Counsel (India) in London …

Delhi High Court sets aside billion dollar ICC award on grounds of "patent illegality and fraud"

The Delhi High Court (the "Court") in a recent decision, has set aside a 2015 arbitral award of the International Chamber of Commerce ("ICC") which had …

Indian Supreme Court orders arbitrator backlog to be cleared

INDIAN SUPREME COURT CONFIRMS ENFORCEABILITY OF INDIA-SEATED EMERGENCY ARBITRATION AWARDS

The Supreme Court of India (the "Court") has recently handed down a significant judgment in Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. …

INDIAN SUPREME COURT ALLOWS INDIAN PARTIES TO CHOOSE A FOREIGN SEAT OF ARBITRATION

LATEST EDITION OF ASIA PACIFIC DISPUTE RESOLUTION GUIDE NOW AVAILABLE

THE ARBITRATION WORKSHOP INTERVIEWS PARTNER & HEAD OF INDIA DISPUTES NICHOLAS PEACOCK