Arbitration Notes

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 …

RECENT DEVELOPMENTS IN INDIA-RELATED ARBITRATION

LAPSED AMENDMENTS TO THE INDIAN ARBITRATION AND CONCILIATION ACT 1996 APPROVED BY THE UPPER HOUSE OF PARLIAMENT

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 …

MCIA recognised by the Supreme Court of India as an appointing institution

As previously reported here and here, the Mumbai Centre for International Arbitration (MCIA) was launched in October 2016, to promote institutional …

Law Commission of India proposes wide-ranging changes to the country's arbitration regime

The Law Commission of India has proposed major amendments to the Arbitration & Conciliation Act, 1996 (the "Arbitration Act") in order to remedy a …

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. This issue considers some significant decisions …

SIAC emergency arbitrator awards – a speedier route to interim relief before the Indian Courts?

The Singapore International Arbitration Centre (the SIAC) introduced emergency arbitrator provisions in its arbitration rules in July 2010 and has had 34 …

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 …

Indian Supreme Court upholds ability of arbitrators to decide issues of fraud

In another pro-arbitration decision emanating from the Supreme Court of India in the case of World Sport Group (Mauritius) Ltd v MSM Satellite …

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers two pro-arbitration decisions from …

High Court applies Sulamérica test in Arsanovia and gives rise to unexpected results

In December last year, the High Court upheld a challenge under section 67 of the Arbitration Act 1996 (the Act) in Arsanovia Ltd and others v Cruz City 1 …