Arbitration Links - Linklaters
  • Jurisdiction: India

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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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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Delhi High Court rejects RBI’s intervention in arbitration proceedings to which it is not a party

21 September 2017 Ben Carroll, India

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In April 2017, the Delhi High Court made a decision in the much-publicised dispute between Tata Sons Ltd. (“Tata”) and NTT Docomo Inc. (“Docomo”). The period for an appeal to be made lapsed at the end of July 2017 and the judgment is expected to be a shot in arm for investment in India for it answers some of the objections raised by the Reserve Bank of India (“RBI”), India’s Central Bank, on the enforcement of an arbitral award involving the outflow of money from India to non-resident entities as damages.

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India and Bangladesh to issue joint interpretative note on bilateral investment treaty

05 September 2017 Ula Cartwright-Finch; Matthew Weiniger, Asia-Pacific; India

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A recent press announcement by the Government of India indicates that India and Bangladesh have recently agreed to issue a joint interpretative note in respect of the India Bangladesh Agreement for the Promotion and Protection of Investments, 2009 (“India-Bangladesh BIT”) (the “Note”). According to the announcement, the Note would clarify the interpretations of various clauses in the treaty including the definitions of investor and investment, exclusion of taxation measures and other substantive standards such as most favoured nation, national treatment and fair and equitable treatment. The exact terms of the Note have not been released yet by either India or Bangladesh.

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