Antrix-Devas Dispute: Will The Anti-Arbitration Injunction Order Turn The Chain Of Events In Favour Of India In The New BIT Arbitration
1 year, 10 months ago

Antrix-Devas Dispute: Will The Anti-Arbitration Injunction Order Turn The Chain Of Events In Favour Of India In The New BIT Arbitration

Live Law  

Recently, the Indian government achieved a major victory in its third treaty arbitration dispute with Devas Multimedia, as the Supreme Court of Mauritius barred Devas from proceeding with its latest arbitration proceedings against India. In other words the Supreme Court granted an anti arbitration injunction against Devas from pursuing the arbitration before the arbitral tribunal at the decided seat. Noticeably, though the anti arbitration injunction order issued by the Hon’ble Supreme Court of Mauritius may prove to be of considered importance for the Republic of India, scholars like Stephen Schwebel and Professor Gary Born have criticised anti arbitration injunctions as something which violate customary international law and which aims at disrupting the parties agreed arbitral mechanism. But it does not follow that the tribunal has the exclusive power to determine its own jurisdiction, nor does it follow that the court of the seat may not determine whether the tribunal has jurisdiction before the tribunal has ruled on it.” Some of the circumstances warranting the grant of an anti-arbitration injunction are: the arbitration agreement appears to be void/ voidable; the claimant’s claim is time-barred; there has been breach of an agreement to not arbitrate; there is arbitration of an issue that was res judicata; an exclusive jurisdiction agreement has been breached; arbitration has been commenced against a third party who was not a party to the arbitration agreement.

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History of this topic

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region
1 year, 2 months ago

'India Is Arbitration-Friendly' : Justice SK Kaul Says At International Legal Forum Of Asia-Pacific Region

Live Law  

Justice Sanjay Kishan Kaul, judge of the Supreme Court, participated in the 12th International Legal Forum of the Asia-Pacific Region on Thursday. The topic of the forum was, "Balance of Protection of National Interests and Rights of Participants of International Economic Relations".In his address, Justice Kaul said that the judiciary should exercise restraint in interfering. In his address, Justice Kaul …

Arbitration Court Reckoner : January 2021
3 years, 9 months ago

Arbitration Court Reckoner : January 2021

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of January 2021 under the Arbitration & Conciliation Act, 1996. Merely because the Section 9 proceedings entails disputed facts does not lead to dismissal of a Section 9 application/petition In Luxe Passion Private Limited v Freedom Roost, …

SC Stays US Court's $1.2 Billion Pay Order Against ISRO's Antrix in Satellite Deal Case
4 years, 1 month ago

SC Stays US Court's $1.2 Billion Pay Order Against ISRO's Antrix in Satellite Deal Case

News 18  

The Supreme Court Wednesday kept in abeyance the effect of a recent order by a court in USA which had asked Antrix Corporation, the commercial arm of ISRO, to pay compensation of USD 1.2 billion to Bengaluru-based startup Devas Multimedia for cancelling a satellite deal in 2005. In the October 27 order, the US court had ruled that Antrix Corporation …

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