Does the principle of estoppel applies in arbitration? Consider a scenario wherein A has taken a loan from a bank B. A defaulted in repayment due to some differences amongst A and B and therefore the latter declared the former’s account as Non-performing Assets. As a result, arbitration was invoked between the parties which culminated…
Tag: estoppel
English Court of Appeal: Governing Law Clauses of Underlying Agreement Do Not Necessarily Cover The Governing Law Of Arbitration Agreement, Exception To Sulamerica Principle
In Sulamerica v Enesa Engelharia [2012] EWCA Civ 638, the English Court of Appeal inter alia held that where the arbitration agreement forms part of the substantive contract an express choice of law to govern that substantive contract is “an important factor to be taken into account” and “likely…to lead to the conclusion that the…
Singapore Court of Appeal Sets Aside Investor State Treaty Arbitral Award
In Swissbourgh Diamond Mines (Pty) Limited & Ors v Kingdom of Lesotho [2018] SGCA 81 dated 27 November 2018, the Court of Appeal of Singapore addressed several novel and challenging issues of public international law and international investment. Detailed case analysis given below: Factual Matrix The case revolves around an investor-state dispute culminating from the…
English Commercial High Court (QB): Criteria to appeal for errors of law committed by the Tribunal; Correct approach to the reading of awards; Reliance v Union of India
In the case of Reliance Industries Limited & BG Exploration And Production India Limited v. The Union of India [2018] EWHC 822 (Comm), the English High Court was approached under Section 67 (Challenging the award: substantive jurisdiction), 68 (Challenging the award: serious irregularity), & 69 (Appeal on point of law) of the English Arbitration Act,…
The ‘Twilight issues’ series: Determination of applicable law on the status of non-signatories in international commercial arbitration
Image Courtesy: Forbes In furtherance to “The ‘Twilight issues’ series: which law governs res judicata issues in arbitration proceedings?”, in this blog I am dealing with the issue of non-signatories and the law applicable for determining their status in international commercial arbitration. The term “non-signatories” remains useful shorthand to describe persons whose relationship to the…
Ananya Pratap Singh 