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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.

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Arjun Gupta & Vyapak Desai

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