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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll