Dispute Resolution Hotline
August 12, 2020
India—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.

 

– Bhavana Sunder & 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 12, 2020

India—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.

 

– Bhavana Sunder & 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.