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Bombay High Court Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Madras High Court Dismisses Appeal Against Refusal to Enforce Foreign Arbitral Award Against Non-Signatory. Group of Companies Doctrine Not Applicable Without Evidence of Mutual Intention to Bind Non-Signatory Under Sections 47-49 of Arbitration and Conciliation Act, 1996.

The appellant, LSS Ocean Transport DMCC, a UAE company, filed an appeal under Section 13(1) of the Commercial Courts Act and Section 50 of the Arbitra...

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Bombay High Court Considers Section 9 Petition in Post-Foreign Award Enforcement Against Guarantor Deleted from Proceedings. Court Examines Applicability of Group of Companies Doctrine to Bind Non-Signatory for Interim Relief.

The petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Ningbo Aux Imp & Exp Co. Ltd., a Chinese company, seeking inte...

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Madras High Court Sets Aside MSME Facilitation Council Award for Lack of Jurisdiction — BSNL Not Liable for Interest Under MSMED Act as Council Had No Territorial Authority Over Dispute Arising from Contract with Chennai Seat of Arbitration.

The petitioner, M/s. Bharat Sanchar Nigam Limited (BSNL), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

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Bombay High Court Dismisses Arbitration Petitions for Enforcement of Foreign Awards Due to Non-Compliance with Section 47 of the Arbitration and Conciliation Act, 1996 — Failure to Produce Original or Certified Copies of Arbitration Agreement and Award Renders Petitions Not Maintainable.

The judgment concerns two arbitration petitions filed by Armada (Singapore) Pte. Ltd. against Ashapura Minechem Ltd. seeking enforcement of foreign aw...

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Bombay High Court Hears Chamber Summons for Leave to Execute UK Judgment for Costs Against Judgment Debtor. Applicability of Section 44A CPC and Mandatory Notice Requirement under Order XXI Rule 22 CPC Considered.

The matter arose from a Chamber Summons in execution proceedings before the Bombay High Court, seeking leave to execute a foreign judgment and costs c...

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Bombay High Court Dismisses Winding Up Petition Based on Ex-Parte US Default Judgment — Foreign Decree Not a Debt Under Section 433(e) Companies Act, 1956 Without Satisfying Conditions for Enforcement in India.

The petitioner, Marine Geotechnics LLC, an American company, obtained an ex-parte default judgment against the respondent, Coastal Marine Construction...

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Bombay High Court Passes Judgment on Enforcement of Foreign Arbitral Award under Sections 47-49 of the Arbitration and Conciliation Act, 1996. Dispute arose from Share Subscription Agreement and Put Option Deed involving investment exit rights.

The petitioner, Banyan Tree Growth Capital L.L.C., a Mauritian investment fund, had invested approximately USD 7.5 million in Axiom Cordages Limited, ...