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 Arbitration Between an Indian Entity And A Consortium of Indian And Foreign Entities Would Be An “International Commercial Arbitration” Under The Indian Arbitration Act

In the case of M/S Larsen and Toubro Limited Scomi Engineering Bhd v. Mumbai Metropolitan Region Development Authority Arb. Petition (C) no. 28 of 2017 decided on 3 October 2018, the Supreme Court of India (“Court”) dealt with the issue of whether a consortium of an Indian company and a Malaysian company is a “body…

English Commercial High Court (QB): Stay on court proceedings in favour of arbitration when arbitration agreement becomes ‘inoperative’

  In the case of China Export & Credit Insurance Corporation vs. Emerald Energy Resources Limited [2018] EWHC 1503 (Comm), the Court shed some light on circumstances in which an arbitration clause/agreement becomes ‘inoperative’ within Section 9 of the English Arbitration Act (the Act) in order to grant stay of court proceedings in favour of…

English Commercial High Court: Whether the Court is empowered to grant a worldwide freezing order in enforcement of award proceedings under Section 101 of the English Arbitration Act.

  In the case of Eastern European Engineering Ltd. vs. Vijay Construction (Proprietary) Ltd. [2018] EWHC 1539 (Comm), the English Commercial High Court (QB) addressed the issue of whether the English Court can grant worldwide freezing order pursuant to Civil Procedure Rules (CPR) 25.1(1)(f) and/or Section 37 of the Senior Courts Act 1981 and/or the…

English Commercial High Court (QB): How the court should proceed when an application for similar relief can be made to arbitrators; Whether a court in one European member state can grant an injunction to restrain proceedings brought in breach of an arbitration clause in another member state?

  In the case of Nori Holdings Ltd. v. Public Joint-Stock Company (Bank Otkritie Financial Corporation) [2018] EWHC 1343 (Comm), the English Commercial High Court addressed the following issues: How the court should proceed when an application for similar relief can be made to arbitrators; Whether such an injunction can or should be granted to…

English Commercial High Court (QB) issued an anti-arbitration injunction against Lebanon seated arbitration in ‘exceptional circumstances’

  In the case of Sana Hassib Sabbagh v. Wael Said Khoury and Ors. [2018] EWHC 1330 (Comm), the English Commercial High Court has issued an anti-arbitration injunction against Lebanon seated arbitration on the particular facts of the case. The case analysis follows: Factual Matrix Dispute arose between Claimant (Sana) and Defendants (Brothers of Sana…