Dispute Resolution Hotline
August 04, 2020
India—Delhi High court’s vaccine for combating multiplicity of arbitral proceedings (Gammon India v National Highways Authority of India)

 

This article was originally published in the 24th July 2020 edition of

Lexis PSL Arbitration

SUMMARY

While hearing a petition challenging an arbitral award in Gammon India Ltd & another v National Highways Authority of India (OMP 680/2011 (New No OMP (COMM)392/2020), the High Court of Delhi took cognisance of the issues surrounding ‘multiplicity’ of arbitral proceedings, i.e., multiple invocation, multiple references to arbitrations constitution of multiple tribunals, multiple awards being rendered and consequently multiple challenges thereto—between the same parties, in respect of the same contract or the same series of contracts.

The Court observed that there is nothing in the Arbitration and Conciliation Act 1996, which prohibits parties from raising claims and counter-claims in multiple proceedings arising out of the same contract. Therefore, it laid down certain directions to curb the nuances of multiplicity of proceedings, in case of future disputes.

For compete article, please click here.

 

– Shweta Sahu, Payel Chatterjee & Vyapak Desai

You can direct your queries or comments to the authors

 

Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

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Dispute Resolution Hotline

August 04, 2020

India—Delhi High court’s vaccine for combating multiplicity of arbitral proceedings (Gammon India v National Highways Authority of India)

 

This article was originally published in the 24th July 2020 edition of

Lexis PSL Arbitration

SUMMARY

While hearing a petition challenging an arbitral award in Gammon India Ltd & another v National Highways Authority of India (OMP 680/2011 (New No OMP (COMM)392/2020), the High Court of Delhi took cognisance of the issues surrounding ‘multiplicity’ of arbitral proceedings, i.e., multiple invocation, multiple references to arbitrations constitution of multiple tribunals, multiple awards being rendered and consequently multiple challenges thereto—between the same parties, in respect of the same contract or the same series of contracts.

The Court observed that there is nothing in the Arbitration and Conciliation Act 1996, which prohibits parties from raising claims and counter-claims in multiple proceedings arising out of the same contract. Therefore, it laid down certain directions to curb the nuances of multiplicity of proceedings, in case of future disputes.

For compete article, please click here.

 

– Shweta Sahu, Payel Chatterjee & Vyapak Desai

You can direct your queries or comments to the authors

 

Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.

NDA Connect

Connect with us at events, 
conferences and seminars.