Arbitration Links - Linklaters
  • Author: Akshay Sewlikar

The foreign act of state doctrine in English arbitration proceedings

20 September 2018 Akshay Sewlikar, England & Wales; India

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In Reliance Industries v Union of India [2018] EWHC 822 Reliance Industries Limited and BG Exploration and Production India Limited (the “Claimants”) challenged awards made in favour of the Union of India (the “Government”) under the Arbitration Act 1996 (the “AA 1996”). The English High Court (the “Court”) had the opportunity to consider the issue of the applicability of the foreign act of state doctrine to English seated arbitration proceedings.

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Company loses second attempt to enforce award against India

31 August 2018 Akshay Sewlikar, England & Wales; India

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In Hardy v Government of India and IIFC (UK) [2018] EWHC 1916 (Comm), the English Commercial Court discharged an interim third-party debt order awarded to support an oil and gas company’s UNCITRAL award against India. The Court refused to grant a final order because the debt was situated in India and Indian law would not recognise an English third-party debt order. Additionally, the jurisdictional requirement under CPR Rule 72.2 that the relevant debt must be “due or accruing due” was not met.

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Linklaters’ recent contributions to Kluwer Arbitration Blog

18 July 2018 Matthew Weiniger; Akshay Sewlikar; Stephanie Tang, Europe; Hong Kong; United States of America

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Linklaters has recently contributed two articles to the Kluwer Arbitration Blog.

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Enforcement of specific performance awards against sovereign states

12 July 2018 Akshay Sewlikar, India; North America

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A decision of the United States (the “US”) District Court for the District of Columbia (the “Court”) has brought issues around enforcing awards of specific performance into the spotlight. The Court refused to enforce a UNCITRAL award for specific performance obtained by Scottish oil and gas company, Hardy Exploration and Production (India) (“HEPI”), against the Government of India (“GoI”) as being contrary to public policy. This case is the latest in a long-running series of oil disputes involving the GoI, which has been involved in arbitrations relating to 22 out of its 310 production sharing contracts between 2001 and 2015.

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