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August 12, 2020India—Delhi High Court revisits the law on granting interim relief to non-signatories in arbitration (Blue Coast Infrastructure Development v Blue Coast Hotels)
This article was originally published in the 23rd July 2020 edition of
Lexis PSL Arbitration
SUMMARY
Arbitration analysis: The Delhi High Court refused to grant interim relief under section 9 of the Arbitration and Conciliation Act, 1996 (ACA 1996) against a non-signatory to the arbitration agreement on the facts and circumstances of the case. However, the Delhi High Court held that it was possible to award interim relief against a non-signatory in certain circumstances. For instance, the property of a third party holding property on behalf of a party to the arbitration may be attached pursuant to ACA 1996, s 9. Vyapak Desai, partner and head of the International Dispute Resolution and Investigations Team at Nishith Desai and Bhavana Sunder, member of the team, discuss this decision.
For compete article, please click here.