International Arbitration
India's “Abeyance” Of Indus Waters Treaty With Pakistan Impermissible: Permanent Court of Arbitration
On 31 August 2026, the Permanent Court of Arbitration at The Hague, held that India's decision to keep the 1960 Indus Waters Treaty “in abeyance” did not suspend or terminate the Treaty. It remains fully in force and India remains bound by its obligations under it. A five-member Court comprising Professor Sean D. Murphy (Chair), Professor Wouter Buytaert, Professor Jeffrey P. Minear, Judge Awn Shawkat Al-Khasawneh and Dr Donald Blackmore delivered the decision. It observed: “....the Court...
Singapore Court Upholds US$490.32M SIAC Award In Favour Of Kleros Capital Against Tata Power
On 26 August, the Singapore International Commercial Court dismissed three applications filed by The Tata Power Company Limited challenging a US$490.32 million Singapore International Arbitration Centre (SIAC) award in favour of Kleros Capital Partners Limited. A Bench of Justice S Mohan and International Judges Anthony Besanko and Anthony Meagher observed that a party cannot use setting-aside proceedings to reopen the merits of an arbitral award merely because it disagrees with the tribunal's...
US Court Confirms $562.5 Million Devas Arbitration Award Against ISRO's Antrix
The US Court of Appeals for the Ninth Circuit has affirmed the US district court's confirmation of a $562.5 million international arbitral award in the Devas Multimedia-Antrix dispute. Antrix is the commercial arm of the Department of Space and the Indian Space Research Organisation (ISRO).A three-judge bench comprising Judges Eric D. Miller, Lucy H. Koh and District Judge Donald W. Molloy affirmed the district court on subject matter jurisdiction, personal jurisdiction, and forum non...
Russia Appoints Former CJI D.Y. Chandrachud As Arbitrator In Investment Treaty Dispute With Ukrainian Bank
Former Chief Justice of India D.Y. Chandrachud has been appointed by Russia as its arbitrator in a new investment treaty dispute brought by Ukrainian state-owned bank Oschadbank over assets and operations it says it lost in south-eastern Ukraine.According to a report published by Global Arbitration Review (GAR) on August 7, 2026, the dispute will be heard by a three-member tribunal under the 1998 Ukraine-Russia bilateral investment treaty. The tribunal will be presided over by Costa Rican...
'Meeting Of Minds' To 'Meeting Of Algorithms': Justice Vikram Nath Flags AI Challenges At UNCITRAL Event
On Sunday, 26 July, Supreme Court Judge Justice Vikram Nath delivered the valedictory address at an international conference marking the 60th anniversary of the United Nations Commission on International Trade Law (UNCITRAL). He told delegates that contract law may need to reconsider how it attributes legal intention in the age of artificial intelligence (AI)-driven commercial contracting, questioning whether the traditional doctrine of consensus ad idem still holds as autonomous systems...
India's Ratification Of New York Convention On Arbitral Award Enforcement Does Not Waive Sovereign Immunity: UK Court
Following a similar ruling by the High Court of Australia earlier this year, the United Kingdom Court of Appeal has held that India's ratification of the 1958 New York Convention did not, by itself, amount to a waiver of sovereign immunity or a submission to the jurisdiction of English courts for the enforcement of arbitral awards. The dispute arose from claims by Mauritian investors in India-based Devas Multimedia Private Limited over the cancellation of a satellite spectrum project. Under a...
Dubai International Financial Centre Courts Says It Can Grant Asset Freeze Orders After Foreign Arbitration Awards
The Dubai International Financial Centre (DIFC) Court of First Instance has held that the DIFC Courts can grant freezing orders to help enforce foreign arbitral awards even after the arbitration proceedings have ended. “The words 'current or future' do not limit the scope of the ancillary jurisdiction which is granted to the DIFC Courts in relation to arbitral proceedings,” H.E. Justice Roger Stewart KC said while interpreting Article 15(4) of the DIFC Court Law. The court said the phrase...
Bar On Court Granting Interim Relief Once Tribunal Is Constituted Applies Even In Foreign Arbitration: Bombay HC
The Bombay High Court has refused to grant interim relief to a Singapore-based company, holding that once a foreign-seated arbitral tribunal is constituted, Indian courts should be slow in entertaining unless the party shows that the tribunal cannot provide an effective remedy.Justice Bharati Dangre clarified that this principle applies even to foreign-seated arbitrations. While Section 9 of the Arbitration and Conciliation Act (for interim relief) can be invoked in such cases, the bar...
HC Is Proper Forum To Enforce Domestic Award From International Commercial Arbitration Seated In India: Allahabad High Court
The Allahabad High Court, clarifying the forum for execution of arbitral awards, has recently ruled that a domestic arbitral award rendered out of an international commercial arbitration with its seat in India, is enforceable by the High Court itself under Section 36 of the Arbitration and Conciliation Act. A Division Bench of Justices Rajan Roy and Rajeev Bharti, on December 16th, 2025, rejected a special appeal, stating that "the High Court is the 'Court' for filing an application under...
Bombay HC Restores IMAX's Enforcement Of Foreign Awards Against E-City, Holds Res Judicata Bars Re-Agitation Of Limitation At Later Stage
The Bombay High Court has recently restored enforcement proceedings initiated by IMAX Corporation for execution of foreign arbitral awards against E-City Entertainment (I) Pvt Ltd for breach of contractual obligations, holding that the doctrine of res judicata applies even between different stages of the same enforcement petition. The court said it cannot revisit an objection of limitation merely because subsequent judgments may have taken a different legal view. A Division Bench ...
Award By Arbitrator Appointed By HC In International Commercial Arbitration Invalid Even If Parties Consent To Appointment: Madras HC
The Madras High Court bench of Justice N Anand Venkatesh has observed that appointment of arbitrator by a high court in case of an international commercial arbitration renders the award a nullity. Sections 4 and 11(6), Arbitration and Conciliation Act (“ACA”) are non -derogable and it is only the Apex Court which can appoint an arbitrator in an international commercial arbitration. Facts The present petitions have been filed under Section 34, ACA by China Datang Technologies and...