Supreme Court: Air Force Group Insurance Society qualifies as ‘State’ under Article 12  ||  SC: Anganwadi Workers With Degrees Are Eligible For The 29% Quota For Supervisors in Kerala  ||  SC: Giving Accused the Option of Search Before a Police Officer Breaches Section 50 of the NDPS Act  ||  Gujarat HC: Person is Entitled to Compensation For Injury or Death Within Railway Station Premises  ||  Delhi HC: PMLA Can Apply Even if the Scheduled Offence Occurred Before the Law Came Into Force  ||  J&K&L HC: Accused Can Admit Evidence Recorded under Section 299 Crpc After Appearing in Court  ||  J&K&L HC: District Judge Serving as Reference Court under Land Acquisition Act Acts as a Civil Court  ||  Del HC: Subsequent Bail Pleas From Same FIR Should Usually Go Before the Judge Who Denied the First  ||  J&K&L HC: Vaishno Devi Shrine Board, Despite Statutory Status, is Not a ‘State’ under Article 12  ||  SC: Confirmation of an Auction Sale Does Not Bar Judicial Scrutiny of Reserve Price Valuation    

Eitzen Bulk A/S and Ors. v. Ashapura Minechem Ltd. and Ors. - (Supreme Court) (13 May 2016)

Stalling foreign arbitral award with Indian law rebuked

MANU/SC/0583/2016

Arbitration

Where parties to a contract choose a seat of arbitration outside India and the law applicable is explicitly not Indian, courts in India do not have jurisdiction to entertain objections under the Arbitration and Conciliation Act 1996.

The court ruled that by choosing London as the venue for arbitration, and by making English law applicable to arbitral proceedings, an inference could be made that no Indian law would be applicable. Further mentions to an ‘Umpire’ in the contract, a scheme unfamiliar in Indian arbitration law, presaged utilising only English law. The proclivity to institute proceedings in Indian courts when the intention was clearly not as much, however, earned the court’s ire. “The losing side has relentlessly resorted to apparent remedies for stalling the execution of the Award…typical of cases where even the fruits of Arbitration are interminably delayed”, said Justice Bobde.

Relevant : Harmony Innovation Shipping Limited v. Gupta Coal India Limited and Anr. MANU/SC/0231/2015 Union of India v. Reliance Industries Limited and Ors. MANU/SC/1064/2015 Section 34 Arbitration and Conciliation Act, 1996

Tags : ARBITRATION   ABROAD   JURISDICTION   UMPIRE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved