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 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…

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…

Supreme Court of India: Whether A Party Is Barred To Raise The Issue Of Ineligibility Of An Arbitrator, Having Itself Appointed The Arbitrator

Section 12(5) of the Indian Arbitration Act (‘Act’), under Seventh Schedule, set out the categories of persons which are ineligible to be appointed as an Arbitrator. Further, the proviso to Section 12(5) inter alia states that parties may, subsequent to disputes having arisen between them, waive the applicability of Section 12(5) of the Act by…