Category: Arbitral seat

Choice of foreign law (laws of UK) by two Indian parties as the law governing the main contract is enforceable because a foreign element (high seas sale) was involved in the transaction (Delhi High Court)

     Update by Editor

Dholi Spintex Pvt. Limited v. Louis Dreyfus Company India Pvt. Ltd. Court: Delhi High Court| Case number: CS (Comm.) 286 of 2020 | Citation: Not available currently |Bench: Mukta Gupta J | Date: 24 November 2020      A. The Context The concept of freedom of contract is well recognized.

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Categories: Arbitral seat |  Choice of law |  Foreign law |  Party autonomy |  Power of judicial authority to refer parties to arbitration |  Section 45  

Indian parties can arbitrate in a foreign seat. The resultant award would be a foreign award enforceable under Part II of the Arbitration and Conciliation Act, 1996 (Gujarat High Court)

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GE Power Conversion India Pvt. Ltd. v. PASL Wind Solutions Pvt. Ltd. Court: Gujarat High Court| Case number: Petition under Arbitration Act No. 131 and 134 of 2019 | Citation: Not available currently |Bench: Viren Vaishnav J | Date: 03 November 2020    A. The ruling summarised The definition of

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Categories: Arbitral seat |  Seat |  Section 44 |  Section 48 |  Section 9  

Quippo Construction Equipment Limited v Janardan Nirman Pvt. Limited 2020 SCC Online SC 419

     Case Comment by Prashant Mishra , Nishant Gupta

Supreme Court of India | 2-judge bench| UU Lalit and Vineet Saran JJ | 29 April 2020 The Quippo judgment presents a problem of exposition. The primary question was about the jurisdiction of the court to hear a set-aside application against an award. The question was decided on the principle of waiver.

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Categories: Arbitral seat |  Competence of arbitral tribunal to rule on its own jurisdiction |  Determination of seat |  Kompetenz-kompetenz |  Preclusive effect of kompetenz kompetenz |  Seat of arbitration |  Section 16 |  Section 4 |  Waiver of right to object  

The seat of the arbitration can be deduced from the conduct of not raising objections as to conduct of arbitration proceedings at a particular territory (Bombay High Court)

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Omprakash and others v. Vijay Dwarkada Varma MANU/MH/0543/202 High Court of Bombay (Nagpur); single-judge bench, Manish Pitale J decided on 27 April 2020 A partnership deed had an arbitration clause. The partners had a dispute. One of them applied for appointment of an arbitrator and the High Court made the

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Categories: Application for setting aside award |  Arbitral seat |  Jurisdiction |  Place of arbitration |  Section 34 |  Section 42  

Mere expression “place of arbitration” is not determinative of the “seat” of arbitration. The intention of the parties as to the “seat” should be determined from other clauses in the agreement and the conduct of the parties. (Supreme Court of India)

     Updates by Nishant Gupta

Mankastu Impex Private Limited v AirVisual Limited 2020 SCC OnLine SC 301 Supreme Court of India; 3-judge bench, R Banumathi, AS Bopanna and Hrishikesh Roy JJ, decided on 05 March 2020   A.  THE DISPUTE RESOLUTION CLAUSE Mankastu, an Indian company, and AirVisual, a Hong Kong company, had a memorandum

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Categories: Arbitral seat |  Place of arbitration |  Seat of arbitration |  Section 20 |  Venue of arbitration