Delhi High Court: Bar Under Section 9(3) Of The Indian Arbitration Act And Its Applicability On The Foreign Seated Arbitration

Section 9(3) of the Arbitration & Conciliation Act, 1996 (‘Indian Arbitration Act’) as inserted via Arbitration & Conciliation (Amended) Act, 2015 inter alia creates a bar on the Court to entertain application seeking interim measures once the arbitral tribunal has been constituted (‘the bar’) except in cases where ‘circumstances exist which may not render the…

Delhi High Court: Whether On Demise Of One Of The Arbitrators, The Statutory Provision That Comes Into Play Is Section 15(2) Or Section 11 Of The Indian Arbitration Act?

The procedure in respect of appointment of arbitrators is prescribed under Section 11 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’). For appointment of a substitute arbitrator, Section 14 read with Section 15 attains relevance. Section 14 (1)(a) of the Arbitration Act ordains that, on an arbitrator becoming de jure or de facto unable…

Delhi High Court: Whether A Party Which Has Lost Before An Arbitral Tribunal And Has No Enforceable Claim Under An Award Is Entitled To Seek An Interim Measure Against The Winning Party?

One of the facets of interim measures from the Court under Section 9 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’) is the proximate nexus between the orders that are sought by the applicant and the arbitral proceedings. When an interim measure of protection is sought before or during arbitral proceedings, such a measure…

Delhi High Court: Whether Mandatory Injunction In The Form Of Specific Performance Of Contract Can Be Granted As An Interim Measure By The Court?

A contract which is determinable in nature cannot be specifically enforced in view of Section 14(1)(c) of the Specific Relief Act, 1963 (‘SRA’). Further, clause (e) of Section 41 of SRA provides that injunction cannot be granted to prevent the breach of contract, the performance of which would not be specifically enforced.[1] On a co-joint…

Delhi High Court: Whether The Jurisdiction Vested in Indian Courts To Award Interim Measures In A Foreign Seated International Commercial Arbitration is an Asset Based Jurisdiction?

Consider a situation where in a foreign seated international commercial arbitration with proper law of underlying contract being foreign law, an Indian party files a petition under Section 9 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’) before an Indian court seeking interim measures for securing the amount in dispute against the foreign party…

Delhi High Court: Arbitrability of Dispute Regarding Wrongful Invocation of Force Majeure Clause is to be decided by the Arbitral Tribunal and not by Court in a Section 9 Petition

In M/S Halliburton Offshore Services Inc. v. Vedanta Limited & Anr. O.M.P (I) (COMM.) No. 88/2020 decided on 29 May 2020, the Delhi High Court was called upon to decide an interesting issue in respect of pre-arbitration interim measure from Court owing to invocation of Force Majuere clause by the Contractor due to prevailing lockdown…

Enforcement of Foreign Emergency Awards during COVID-19 in India

We all have heard Mr Gary Born speaking as a President of Singapore International Arbitration Centre (‘SIAC’) in his fabulous webinar “An Evening with SIAC Court President” that SIAC has recently attended atleast 2 emergency arbitration in the times of COVID-19. However, the biggest question, besides the looming uncertainty on the recognition of emergency arbitration…

Filter(s) Under Section 11(6A) Of The Arbitration Act: Is It ‘Existence’ And ‘Validity’ Both Or Is It Just Confined To ‘Existence’ Of Arbitration Agreement Only?

The Arbitration & Conciliation Amendment Act, 2015 (‘2015 Amendment Act’) brought about a significant change in the process of appointment of arbitrators under Section 11 of the Arbitration & Conciliation Act, 1996 (‘1996 Act’). Out of the others, the relevant changes for the purpose of present issue were as follows: The default power of appointment…