JP ASSOCIATES的动态

A recent report on Chinese commercial arbitration judicial review cases has highlighted the growing significance of arbitration in the resolution of disputes in China. Mohammed Talib, Rachel Turner and Alice Wang report on what is driving this and outline legislative reforms that will further entrench this trend. Read the article: https://lnkd.in/ec93jn6m #PinsentMasons #Arbitration #DisputeResolution #China

In this new article, author Sidhant Singh elaborated on enforcing foreign arbitral awards in india. The author discusses how India's commitment to the New York convention underscores its pro-enforcement stance on foreign arbitral awards, aimed at ensuring finality in dispute resolution. The arbitration & conciliation act, 1996, aligned with the UNCITRAL model law, mandates adherence to arbitration awards.? However, challenges arise when award debtors seek recourse through national courts, risking re-litigation. The principle of preclusion, rooted in jurisprudence and the theory of comity of nations, provides that once a claim is settled through arbitration, it cannot be reasserted in court. This article examines India's pro-enforcement stance, judicial caution in applying section 48 of the act, and the complexities of preclusion, emphasising the balance between international comity and domestic law. instances where enforcement is denied highlight the importance of aligning foreign awards with India's fundamental policies, ensuring justice and adherence to legal standards. Click on the link below to learn more!!?

India’s plan to introduce appellate tribunals dedicated to arbitration would reduce the burden on courts and position the country as a global hub to arbitrate disputes only if these bodies are staffed with the right talent. Our Partner (Head - International Arbitration) Shaneen Parikh shares her views on this in an article published by Livemint Lounge Read it at: https://lnkd.in/dpcuN6ne #Arbitration #ArbitrateDisputes #InstitutionalArbitration #AppellateTribunal

Please see the below article where we discuss the Supreme Court's decision in UniCredit Bank GmbH v RusChemAlliance LLC?to uphold an anti-suit injunction in respect of foreign-seated arbitration.

Recent rulings in the Hong Kong Special Administrative Region over applications to set aside arbitral awards have highlighted courts’ reluctance to intervene in arbitration outcomes and the difficulties parties challenging awards are likely to face. Karah Howard and Jade W. summarise these recent rulings and what it means about the cautious approach adopted by the courts. https://lnkd.in/e-6cq7sB #PinsentMasons #Arbitration

Kompetenz Kompetenz:- an arbitral Tribunal has the right to adjudicate on its own jurisdiction--pro arbitration mechanism--final say is always upon the Indian Courts-- jurisdictional issues--parties need to first raise their challenge before the Arbitral Tribunal itself--cannot directly seek redressal from the Courts

Dissatisfied with your award? Parties seeking to set arbitral awards aside in Hong Kong should take heed of recent case law before making any application: - The article below explains how parties relying on due process grounds for inadequate opportunity to present their case cannot sit on their laurels and raise complaint after the award is received. Nor will an award be set aside for lack of reasoning, so long as parties can understand how and why a particular conclusion was reached.

As Indian Arbitration Landscape evolves every day, there are increasing efforts from all the stakeholders to make India a pro-arbitration nation. One of the most crucial steps in this direction is the new draft Arbitration and Conciliation (Amendment) Bill, 2024 which introduced a plethora of changes and saw diversity of opinions. On that note, I and Ansh Arora have authored a piece on two major reforms introduced by this draft bill- Appellate Arbitration Tribunals and Jurisdictional Reforms which is?published in the esteemed blog of Indian Journal of Arbitration Law. Through this piece, we delve deeper into the uniqueness of these draft provisions, their legislative intent and probable drawbacks. We hope this makes for a good read. Let us know your thoughts in the comments! You can access the blog here:

Tanishi Ahuja and I, write for the Indian Journal of Arbitration Law, on the recently introduced Draft Arbitration Bill, 2024, by the Government of India, in pursuance of their efforts to make India a pro-arbitration regime. Do give it a read!

The England & Wales High Court has provided useful guidance on challenges under s67 and s68 of the Arbitration Act 1996. The judgment offers helpful insights for those involved in international commercial arbitration, bilateral investment treaty disputes and investor-state claims. #arbitration #bilateralinvestmenttreaty #BIT #investorstate #internationalcommercialarbitration