Delhi High Court: Lien On Arbitral Award And Deposits As To Costs

Section 39 of the Arbitration & Conciliation Act (‘Arbitration Act’) recognises an arbitral tribunal’s lien over the award. The section conceives of a situation where there may be a dispute between the arbitral tribunal and one or more parties to the reference as to the costs of the arbitration. Upon an arbitral tribunal refusing to…

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…