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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll