Lit Corner
November 11, 2020
Madras High Court Recognizes A Finnish Arbitral Award
MATTER BRIEF

The Hon’ble Madras High Court passed a judgment recognizing a foreign arbitral award issued in a Helsinki seated arbitration which was conducted under the rules of the Arbitration Institute of the Finland Chamber of Commerce. The High Court dismissed the objection of the award debtors on the ground of breach of natural justice. Whilst recognizing the opportunities provided by the arbitrator, the High Court held that the award debtors had also not demonstrated how prejudice was caused due to the alleged violation of principles of natural justice. Interestingly, the case also involved third parties intervening in the award enforcement process. The High Court affirmed that such third parties do not have any right to object to the award enforcement.

OUR ROLE

We, at Nishith Desai Associates, successfully acted as the India legal counsel to the Finnish Fund for Industrial Corporation, the foreign award holder .

The judgment of the Hon’ble Madras High Court is available here.

 

– Arjun GuptaAshish Kabra & 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.


Lit Corner

November 11, 2020

Madras High Court Recognizes A Finnish Arbitral Award

MATTER BRIEF

The Hon’ble Madras High Court passed a judgment recognizing a foreign arbitral award issued in a Helsinki seated arbitration which was conducted under the rules of the Arbitration Institute of the Finland Chamber of Commerce. The High Court dismissed the objection of the award debtors on the ground of breach of natural justice. Whilst recognizing the opportunities provided by the arbitrator, the High Court held that the award debtors had also not demonstrated how prejudice was caused due to the alleged violation of principles of natural justice. Interestingly, the case also involved third parties intervening in the award enforcement process. The High Court affirmed that such third parties do not have any right to object to the award enforcement.

OUR ROLE

We, at Nishith Desai Associates, successfully acted as the India legal counsel to the Finnish Fund for Industrial Corporation, the foreign award holder .

The judgment of the Hon’ble Madras High Court is available here.

 

– Arjun GuptaAshish Kabra & 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.