Dispute Resolution Hotline
June 29, 2020
India—Supreme Court upholds decision to set aside arbitral award (South East Asia Marine Engineering and Constructions (Seamec) v Oil India)

 

This article was originally published in the 01st June 2020 edition of LexisPSL Arbitration.

Arbitration analysis:The Supreme Court upheld a decision, on appeal from the Guwahati High Court, to set aside an arbitral award. In reaching its decision, the Supreme Court did not agree with all of the reasoning of the tribunal, the District Court and the High Court, but chose to set aside the award on various grounds including that the tribunal provided an incorrect, perverse and impossible interpretation of the contract. Vyapak Desai, head of the International Dispute Resolution and Investigations at Nishith Desai and Arjun Gupta, senior member of the team, discuss this decision.

For complete article, please click here.

 

– Arjun Gupta & 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

June 29, 2020

India—Supreme Court upholds decision to set aside arbitral award (South East Asia Marine Engineering and Constructions (Seamec) v Oil India)

 

This article was originally published in the 01st June 2020 edition of LexisPSL Arbitration.

Arbitration analysis:The Supreme Court upheld a decision, on appeal from the Guwahati High Court, to set aside an arbitral award. In reaching its decision, the Supreme Court did not agree with all of the reasoning of the tribunal, the District Court and the High Court, but chose to set aside the award on various grounds including that the tribunal provided an incorrect, perverse and impossible interpretation of the contract. Vyapak Desai, head of the International Dispute Resolution and Investigations at Nishith Desai and Arjun Gupta, senior member of the team, discuss this decision.

For complete article, please click here.

 

– Arjun Gupta & 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.