English High Court: ‘Anti’ – (Anti – Arbitration) Injunction

English High Court: ‘Anti’ – (Anti – Arbitration) Injunction In Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm), the English High Court decided a unique question i.e., whether or not to grant an anti-anti arbitration injunction. The case is summarized as under:- FACTUAL MATRIX In the facts of the case, Euronav…

Singapore International Commercial Court: Disclosure of Fee Arrangement and Awarding of Costs in Arbitration

Singapore International Commercial Court: Disclosure of Fee Arrangement and Awarding of Costs in Arbitration FACTUAL MATRIX In the facts of Government of the Lao People’s Democratic Republic v Lao Holdings NV [2024] SGHC(D) 9, certain disputes arose between Lao Holding NV (‘LMNV’) and Government of the Lao People’s Democratic Republic (‘GOL’) which was decided to…

Supreme Court: Whether a Creditor providing an Interest bearing Security Deposit is a financial creditor under IBC

Supreme Court: Whether a Creditor providing an Interest bearing Security Deposit is a financial creditor under IBC Corporate Debtor (‘CD’) entered into two Service Agreements with the Creditor and in lieu thereof, CD has taken an interest bearing security deposit from such Creditor. The question before the Hon’ble Supreme Court was whether such arrangement makes…

Singapore High Court: Whether Failure to Raise Jurisdictional Challenge Amounts to Submission to the Tribunal’s Jurisdiction

Singapore High Court: Whether Failure to Raise Jurisdictional Challenge Amounts to Submission to the Tribunal’s Jurisdiction  In 2021, the Dubai International Financial Centre Arbitration Institute (“DIFC”) was abolished by Decree No 34 of 2021 (the “Decree”) issued by the Dubai government. The Decree abolished DIFC and transferred its assets to DIAC. Consequently, the Dubai International…

Singapore High Court: Conflicting Dispute Resolution Clauses and Transnational Issue Estoppel in Parallel Proceedings

Singapore High Court: Conflicting Dispute Resolution Clauses and Transnational Issue Estoppel in Parallel Proceedings In Sacofa Sdn Bhd v Super Sea Cable Networks Pte Ltd and another  [2024] SGHC 54, the Singapore High Court inter alia dealt with issues related with conflicting dispute resolution clauses of two contracts in a peculiar situation. While deciding the…

Supreme Court of India: Whether Section 29A of Indian Arbitration Act as amended in 2019 is Prospective or Retrospective in Nature

Supreme Court of India: Whether Section 29A of Indian Arbitration Act as amended in 2019 is Prospective or Retrospective in Nature. Section 29A of the Indian Arbitration and Conciliation Act, 1996 (Arbitration Act) in its original form, provided a deadline for passing of an arbitral award which was 12 months from the period when the…

Supreme Court of India: Limitation Period to file an Application seeking Appointment of Arbitrator in India

Supreme Court of India: Limitation Period to file an Application seeking Appointment of Arbitrator in India An application seeking appointment arbitrator by Court is filed under Section 11(6) of the Indian Arbitration and Conciliation Act (“A&C Act”). However, it does not prescribe any limitation period within which such an application can be filed. In this…

Supreme Court: Whether Unilateral Increase in Fees by the Tribunal Can be A Ground to Terminate its Mandate?

Supreme Court: Whether Unilateral Increase in Fees by the Tribunal Can be A Ground to Terminate its Mandate? Under the Indian arbitration regime, an arbitrator has a continuous duty of disclosure in respect of circumstances which may give rise to ‘justifiable doubts’ about his / her ‘independence and impartiality’. Under the Indian Arbitration & Conciliation…

Supreme Court of India: Whether an Arbitration Clause needs to be In Consonance with the Constitution of India to be Legally Binding

In Lombardi Engineering Limited v. Uttarakhand Jal Vidyut Nigam Limited decided on 06.11.2023, the issue which fell for consideration of the Hon’ble Supreme Court of India was whether an arbitration clause providing for a mandatory pre-deposit of 7% of the total claim as a condition precedent to invoke arbitration is violative of Article 14 (Equality…

Delhi High Court: Attachment before Judgement as an Interim Measure in aid to Arbitration

Delhi High Court: Attachment before Judgement as an Interim Measure in aid to Arbitration The powers of a court under Section 9 of the Arbitration & Conciliation Act, 1996 (‘A&C Act’) to direct interim measures of protection in aid of arbitration are wide. Such measures can be passed before, during or after the arbitral proceedings….