foreign seated arbitration

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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Delhi High Court Clarifies Scope of Anti-Arbitration Injunctions in Foreign-Seated Proceedings

Summary: In a landmark ruling, the Delhi High Court in Engineering Projects (India) Ltd v. MSA Global LLC clarified that Indian civil courts retain limited but real jurisdiction to stay foreign-seated arbitrations if the proceedings are shown to be vexatious or abusive. The decision strengthens procedural safeguards for parties, by reaffirming the courts’ power to intervene in cases of deliberate non-disclosure and procedural misconduct, notwithstanding the “minimal intervention” principle under Indian arbitration law.

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