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
Continue readingIndian 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)
Wrong composition of seat and wrong composition of arbitral tribunal is ground for refusing enforcement- establishing prejudice not required; significance and consequences of seat; determination of seat et. al. (Supreme Court of Singapore)
Updates by Prerna Seerwani
ST Group Co Ltd and others v Sanum Investments Limited and another, [2019] SGCA 65 Supreme Court of Singapore (Court of Appeal); 3-judge bench, Sundaresh Menon CJ, Judith Prakash JA and Quentin Loh JJ., decided on 18 November 2019 Article 36 Model Law and Section 31 International Arbitration Act
Continue reading Categories: 1994 | Arbitral seat | Art 36 (1) (a) (iv) Model Law | Composition of arbitral tribunal | Construction of arbitration agreement | Construction of contract | Enforcement | Enforcement of arbitral awards | Enforcement of foreign awards | Enforcement of wrongly seated arbitration | Estoppel | Grounds for refusing recognition or enforcement | Interpretation of contract | Prejudice | Seat | Seat of arbitration | Waiver
Which court has jurisdiction over an arbitral process clarified; BALCO’s concurrent-jurisdiction theory is not its real ratio; seat v. venue debate discussed; Hardy held to be contrary to BALCO (Supreme Court of India)
Article by Aimen Reshi , Prashant Mishra
BGS SGS Soma JV v. NHPC Ltd., SCC OnLine SC 1585 Supreme Court, 3-judge bench, R.F Nariman, Aniruddha Bose and V Ramasubramanian, JJ., Decided on 10 December 2019 Preface–which court has jurisdiction over an arbitral process and as a result jurisdiction to set aside an award Courts in the arbitral
Continue reading Categories: Appealable orders | Arbitral seat | BALCO | Concurrent jurisdiction | Designation of arbitral seat | Exclusive jurisdiction | Interpretation of judgment | Maintainability | Seat | Seat of arbitration | Set aside or refusing to set aside an arbitral award | Tests for determination of seat | Venue | Venue of arbitration
Seat is akin to exclusive jurisdiction (Delhi High Court)
Updates by Nishant Gupta
Dipankar Singh and others v. Union of India through National Highway Authority of India, 2019 SCC OnLine Del 11121 Delhi High Court; single-judge bench, V. Kameswar Rao J.; decided on 15 November 2019 The petitioners’ land was notified for acquisition under the National Highway Act, 1956 (“NHA”). The competent
Continue readingWhen ‘venue’ means ‘seat’ (Delhi High Court)
Updates by Gunjan Soni
Raj Kumar Brothers v. Life Essentials Personal Care Pvt. Ltd., 2019 SCC OnLine 10803 Delhi High Court; single-judge bench, V. Kameswar Rao J.; decided on 31 October 2019 The arbitration agreement provided that the “venue of Arbitration shall be Gurgaon” and “all disputes … shall be subject to GURGAON jurisdiction”.
Continue reading Categories: Arbitral seat | Exclusive jurisdiction | Place | Place of arbitration | Seat | Seat of arbitration | Venue | Venue of arbitration
