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Aman Siwach

Associate in Disputes Practice at the Mumbai office of Cyril Amarchand Mangaldas. Aman can be reached at aman.siwach@cyrilshroff.com

Bombay High Court considers interim relief jurisprudence in foreign seated arbitrations

Summary: The Bombay High Court has recently, in Norvic Shipping Asia PTE Limited v. Zigma International and Malaney Trading & Services LLP v. Uzer Makina VE Kalip Sanayi A.S. granted interim relief in foreign seated arbitrations. Providing guidance on the requirements for obtaining such interim protection, the Court has reiterated that parties to foreign seated arbitrations have the option of approaching Indian Courts to preserve the underlying subject matter of their dispute. This approach upholds party autonomy, which is the very basis of arbitration, and is in line with the UNCITRAL Model Law. This post draws upon past experiences to highlight key takeaways for parties seeking such relief.

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Supreme Court affirms arbitrators’ power to implead non-signatories: Another pro-arbitration ruling or a step too far?

In Adavya Projects Pvt. Ltd. v M/s Vishal Structurals Pvt. Ltd.[1](“Judgment”), the Supreme Court of India (“Court”) has held that the arbitral tribunal has the power to implead parties to arbitration proceedings even where the said parties were neither issued an arbitration notice nor made party to court proceedings seeking appointment of arbitrators. The Judgment is significant because it holds that even if the claimant issues an arbitration notice to only one counterparty initially, it can subsequently include additional counterparties when filing its statement of claim before the arbitral tribunal. The Judgment reconciles the divergent views taken by the Delhi High Court[2] and the Bombay High Court[3] on the issue, but the implications for additional counterparties, who may be joined after the arbitral tribunal has been constituted, could be significant.

Continue Reading Supreme Court affirms arbitrators’ power to implead non-signatories: Another pro-arbitration ruling or a step too far?