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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Bombay High Court Considers Appeal Under Section 37 of Arbitration Act Against Single Judge Order Dismissing Section 34 Petition Due to Foreign Seat and Governing Law — Interpretation of Escrow Agreement Clauses

The appeal arose from a Commercial Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Katra Holdings Ltd., a Mauritius co...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...

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Supreme Court Hears Appeal on Applicability of Section 9 of Arbitration Act to Foreign-Seated Arbitration. The Appeal Concerns Interim Measures in a Contract Governed by English Law with Arbitration in London.

The dispute arose out of an agreement dated 20.10.2010 between Harmony Innovation Shipping Ltd. (appellant) and Gupta Coal India Ltd. (first responden...