Dispute Resolution Hotline: India-parties cannot apply to courts after emergency arbitration (Ashwani Minda v U-Shin)
Posted by By nishithadmin at 6 July, at 15 : 17 PM Print
Warning: count(): Parameter must be an array or an object that implements Countable in /web/qlc/nishith.tv/htdocs/wp-content/themes/Video/single_blog.php on line 46
Warning: count(): Parameter must be an array or an object that implements Countable in /web/qlc/nishith.tv/htdocs/wp-content/themes/Video/single_blog.php on line 52
INDIA—PARTIES CANNOT APPLY TO COURTS AFTER EMERGENCY ARBITRATION (ASHWANI MINDA V U-SHIN)
This article was originally published in the 17th June 2020 edition of
SUMMARY
The Delhi High Court found a petition for interim reliefs under section 9 of the Arbitration and Conciliation Act 1996 (ACA 1996), filed after the party had unsuccessfully applied for reliefs in an Emergency Arbitration in Japan, was not maintainable on multiple grounds. This ruling, while highlighting the growing importance of emergency arbitration, also finds that the parties had by agreement excluded the applicability of ACA 1996, s 9, which raises certain questions. Vyapak Desai, head of the International Dispute Resolution and Investigations at Nishith Desai Associates and Ashish Kabra, leader, Singapore office of Nishith Desai Associates discuss this decision.
For the complete article, please click here.
Benchmark Litigation Asia-Pacific: Tier 1 for Government & Regulatory and Tax
2020, 2019, 2018
Legal500 Asia-Pacific: Tier 1 for Tax, Investment Funds, Labour & Employment and TMT
2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012
Chambers and Partners Asia-Pacific: Band 1 for Employment, Lifesciences, Tax and TMT
2020, 2019, 2018, 2017, 2016, 2015
IFLR1000: Tier 1 for Private Equity and Project Development: Telecommunications Networks.
2020, 2019, 2018, 2017, 2014
AsiaLaw Asia-Pacific Guide 2020: Ranked ‘Outstanding’ for TMT, Labour & Employment, Private Equity, Regulatory and Tax
FT Innovative Lawyers Asia Pacific 2019 Awards: NDA ranked 2nd in the Most Innovative Law Firm category (Asia-Pacific Headquartered)
RSG-Financial Times: India’s Most Innovative Law Firm
2019, 2017, 2016, 2015, 2014
Who’s Who Legal 2019:
Nishith Desai, Corporate Tax and Private Funds – Thought Leader
Vikram Shroff, HR and Employment Law- Global Thought Leader
Vaibhav Parikh, Data Practices – Thought Leader (India)
Dr. Milind Antani, Pharma & Healthcare – only Indian Lawyer to be recognized for ‘Life sciences – Regulatory,’ for 5 years consecutively
Merger Market 2018:Fastest growing M&A Law Firm in India
DISCLAIMER
The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.
