header-logo header-logo

26 October 2012 / Audley Sheppard , Jo Delaney
Issue: 7535 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

A brighter future

illustration-converted_0_4

Audley Sheppard & Jo Delaney welcome moves towards a less interventionist approach by Indian courts

The Supreme Court of India has significantly limited the extent to which Indian courts can intervene in foreign-seated arbitrations. The ruling, given by a five-judge constitutional bench in Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc (Supreme Court, 6 September 2012), reverses the controversial decision issued in Bhatia International v Bulk Trading SA (2002) 4 SCC 105. That decision had opened the door for heavy-handed intervention by the Indian courts.

Application of Pt I

Bharat Aluminium concerned the application of Pt I and Pt II of the Arbitration and Conciliation Act 1996 (the Indian Act). Part I relates to the commencement and conduct of arbitration proceedings. It includes provisions relating to the appointment of arbitrators, the granting of interim measures and grounds upon which an award may be set aside. Part I was intended to apply to arbitrations conducted in India. Part II provides for the enforcement of awards made outside India.

In

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll