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Insights · Arbitration

Arbitration

Legal analysis and practical guidance on cross-border business, disputes, corporate, employment and IP matters across India and the UAE — including the Legal Help Desk, our Q&A column on the problems clients actually meet.

Arbitration

Arbitration proceeding between two Indian parties can be validly conducted in a foreign seat – says Supreme Court of India

The Supreme Court of India, while disposing of an appeal filed in the matter of PASL Wind Solutions Private Limited Vs GE Power Conversion India Private Limited (2021) SCC Online SC 331  reconfirmed that arbitration proceeding between two Indian parties can be validly conducted in a foreign seat. This decision further augments the concept of […]

ATB Legal · 1 May 2021 · 2 minRead →
ADGM

SIAC signs MoU with ADGM Arbitration Centre

Singapore International Arbitration Centre (SIAC) entered a Memorandum of Understanding (MoU) with the ADGM Arbitration Center (ADGMAC) on April 8, 2021, to promote international arbitration for resolving international disputes. SIAC and ADGMAC will join hands to host conferences, workshops, and seminars on International Arbitration in UAE and Singapore. They will mutually help when arbitration hearings […]

ATB Legal · 12 Apr 2021 · 1 minRead →
Arbitration

ICC and Jus Mundi partners to publish the ICC Arbitral Awards for the Global Legal Community

ICC and Jus Mundi The partnership will give the public access to ICC Court awards that are publishable and related documents from January 2019. This will increase the transparency and strengthen the legitimacy of the awards. Jus Mundi, an international law and arbitration research engine, thinks that information about international law and arbitration must be […]

ATB Legal · 9 Apr 2021 · 2 minRead →
Arbitration

India to Appeal against Cairn Arbitration and the Right to Tax

India has begun the process of appealing against the Cairn Arbitration Award which needed India to return $1.4 billion to Cairn Energy Plc. India is ready to address any enforcement proceedings that are initiated and will defend its interests and sovereign rights. Cairn was awarded the international tax tribunal award over a retroactively applied capital […]

ATB Legal · 17 Mar 2021 · 2 minRead →
Arbitration

ICC Arbitration Rules 2021: key changes and takeaways

ICC Arbitration Rule 2021 applies to all ICC arbitration proceedings happening after the 1st of January 2021, regardless of the agreement end date. The exception is only when the parties at the time of submission agrees to go with the existing agreement. The 2021 Rules aim at greater efficiency, flexibility and transparency of the proceedings […]

ATB Legal · 8 Jan 2021 · 3 minRead →
Arbitration

Cairn Energy, UK wins $1.2 billion arbitration award against the Government of India

British Oil and Gas explorer Cairn Energy Plc has won an arbitration award of USD1.2 billion, plus interest and costs against the Government of India on a tax dispute. The dispute arose as a result of a change in Indian Tax law in 2012, enabling the government to retrospectively tax companies for mergers and acquisitions […]

ATB Legal · 30 Dec 2020 · 2 minRead →
Arbitration

Arbitration and Conciliation Ordinance, 2020

The Arbitration and Conciliation (Amendment) Ordinance, 2020 was promulgated with the purpose of preventing the enforcement of arbitral awards involving fraud or corruption. The stakeholder parties now have an opportunity to seek an unconditional stay of enforcement of arbitral awards when the arbitration agreement or award was induced by fraud or corruption. The provision has […]

ATB Legal · 1 Dec 2020 · 4 minRead →
Arbitration

Six thumb rules to bear in mind before entering an arbitration agreement

Arbitration is a legally binding private dispute resolution mechanism outside of courts. In arbitration, disputes are resolved by one or more arbitrators appointed by the parties through agreement.  Arbitrator is bound to issue a final binding decision after reviewing evidence and hearing arguments of the parties, much like a court process. Arbitration awards are final, […]

ATB Legal · 8 Jul 2020 · 5 minRead →