Arbitration Links - Linklaters
  • Topic: Third Party Rights

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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The High Court rules on the English court's powers in support of arbitral proceedings against non-signatories

12 April 2017 Joanne Finnegan, England & Wales; Europe

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The English court’s powers in support of arbitral proceedings in section 44 of the Arbitration Act 1996 are not exercisable against non-parties to an arbitration

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International commercial arbitration in Australia: recent developments

31 January 2017 Alexander Fawke, Asia-Pacific; Australia

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Australia’s body of arbitration case law continued to grow in the past year, with increasing breadth and sophistication. Key cases covered the public policy ground for resisting enforcement; the appropriateness of awarding costs on the indemnity basis when an application to resist enforcement is refused; and non-signatories to arbitration agreements.

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