English Commercial High Court(QB): Whether Breach of Domestic Public Policy Is Equivalent to Breach of English Public Policy For the Purposes of Resisting the Enforcement of Foreign Award Before the English Courts?

Consider a situation wherein the lex arbitri imposes a more onerous civil liability on a defaulting party under its domestic law than the one present under the English law. In that situation, whether a foreign award which has passed the muster of more onerous civil liability threshold under its domestic law can be resisted from…

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…

Singapore Court of Appeal: “Awarding Interest On Or Upon Damages” vs “Interest As Damages” and Whether Time Barred Claim is a jurisdictional or admissibility Issue?

An arbitral tribunal exceeds its jurisdiction if it decides on issues that are beyond the scope of the arbitration clause, upon a proper construction of the clause.[1]  The question then arises as to whether an award in which the tribunal has awarded damages and/or pre-award interest even though there was an express prohibition on “punitive,…

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…

English Commercial High Court (QBD): Whether A Third Party Can Seek An Anti-Suit Injunction Basis Quasi-Contractual Relationship?

When it comes to granting anti-suit injunctions, there is no consistent juridical underpinning in the English judicial precedents.[1] A quasi-contractual anti-suit injunction, is described in Raphael Anti-Suit Injunctions” (2nd ed. 2019) as “injunctions which are granted where the injunction defendant may not fully be party to and bound by a contractual forum clause as a matter of contract law,…