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 High Court: Whether Non-Disclosure or Suppression of Material Evidence Warrants The Setting Aside of An Arbitral Award On Grounds of Fraud or Public Policy

In BVU v BVX [2019] SGHC 69, the Singapore High Court dealt with the issue of whether, after the conclusion of arbitration and the issuance of the final award, the successful party’s decision not to call certain witnesses to give evidence and disclose certain internal documents, which it did not view as being relevant to…

English Commercial High Court (QBD): Can an Arbitral Award Against a State Be Enforced By Court Proceedings In the UK Without Service On That State of Any Formal Court Document?

In General Dynamics United Kingdom Ltd v State of Libya [2019] EWHC 64 (Comm), the English Commercial High Court inter-alia held that under the English procedural law, the order granting permission to enforce an award against a foreign sovereign state is the document which required to be served for instituting proceedings within the terms of…

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…