WilmerHale (JD Supra India)
PASL Wind Solutions Pvt Ltd v. GE Power Conversion India Pvt Ltd: The Indian Supreme Court Clarifies that Two Indian Parties Can Choose a Foreign Arbitral Seat
On 20 April 2021, the Indian Supreme Court in PASL Wind Solutions v. GE Power Conversion India, clarified that two Indian parties can choose a foreign arbitral seat and that parties to such foreign seated arbitrations will be able to obtain interim relief from the Indian courts. The Supreme Court’s decision (available here) settles an important question of law and upholds party autonomy.
The Group of Companies Doctrine - Assessing the Indian Approach
Consent is a foundational requirement of any arbitration. This consent is embodied in the arbitration agreement. Typically, therefore, it is only the signatories to an arbitration agreement that are bound by the agreement to arbitrate. In limited circumstances, however, the arbitration agreement may also bind non-signatories. A variety of legal doctrines have been used, albeit sparingly, to...
Recent Amendments to Arbitral Laws: India and Singapore
Two important arbitral jurisdictions in Asia have recently amended their arbitration laws. On November 4, 2020, the President of India passed an ordinance amending the Arbitration and Conciliation Act (the Indian Act), which entered into force with immediate effect. On December 1, 2020, amendments to the International Arbitration Act (the Singapore Act) entered into force.
India Considers Stringent New Personal Data Privacy Law
The Indian government is currently considering a sweeping data privacy law which, if enacted, would mean significant changes for foreign companies doing business in the world’s fastest-growing digital economy. The Personal Data Protection Bill of 2018 (“PDPB”) was spurred in part by a landmark decision by the Supreme Court of India last year holding that privacy is a “fundamental right” under the
The Choice of a Foreign Seat in Domestic Disputes – An Opportunity for one More Step Forward in India’s Journey to Establish itself as an Arbitration Friendly Jurisdiction?
The growth of India as an arbitral jurisdiction continues to raise interesting questions of principle and policy. This article explores one such question - whether Indian parties have the autonomy to choose a foreign seat. As a matter of statutory interpretation and case law, it is the authors’ view that the answer is yes. A comparative and policy analysis also suggests that the ability of...
Indian Parliament Enacts Revisions to the 1996 Arbitration Act
On 11 December 2015, we provided a summary of revisions to the 1996 Indian Arbitration and Conciliation Act (the “Act”) made by the President of India through the 2015 Arbitration and Conciliation (Amendment) Ordinance that came into effect on 23 October 2015 pending final approval by the Indian parliament. In late December, the Indian parliament passed the 2015 Arbitration and Conciliation (Amend
India Revises the 1996 Arbitration Act
On 23 October 2015, the President of India enacted an Ordinance that significantly revises the 1996 Indian Arbitration and Conciliation Act (the “Act”). The goal of the Ordinance is to improve the efficiency and reliability of arbitration as a private dispute-resolution mechanism in India. Among other things, it imposes strict time limits on when arbitrations must be concluded, limits court...