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…

Supreme Court of India: Whether the Industrial Tribunal/Labour Court is functus officio after the award has become enforceable, and is thus, prevented from considering setting aside application

In M/s. Haryana Suraj Malting Ltd. vs. Phool Chand, Civil Appeal No. 5650 of 2018, the Supreme Court addressed the issue of whether the Industrial Tribunal/Labour Court is functus officio after the award has become enforceable, and is thus, prevented from considering an application for setting aside an ex parte award. The issue was referred…

Delhi High Court: Whether there is a threshold bar or inherent lack of jurisdiction with Indian courts to deal with BIT arbitrations; Whether the BIT arbitrations and suits relating to BIT arbitrations are governed by private international law or any other system of law including domestic law?

In the recent case of Union of India vs Vodafone Group Plc United Kingdom & Anr (CS(OS) 383/2017 & I.A.No.9460/2017, Date of Decision:  07th  May, 2018), the Delhi High Court dealt with a dispute arising out of Bilateral Investment Treaties. The case involves various crucial aspects of Indian law on jurisdiction of national courts, private…