Nishith Desai Associates

This Practice Note discusses challenges to the jurisdiction of an arbitral tribunal under the Indian Arbitration and Conciliation Act 1996 (ACA 1996), as amended, and anti-suit injunctions. It considers the timing for raising a jurisdictional objection, appeals to decisions on jurisdiction and the Indian courts’ approach. The Practice Note also provides guidance on granting anti-arbitration injunctions and anti-suit injunctions restraining litigation commenced in breach of arbitration agreements.

This Practice Note considers how an international or foreign arbitration (arbitral) award can be recognised and enforced in India. It covers the relevant provisions of the New York Convention, including grounds on which enforcement can be refused and the procedure (process) for seeking enforcement. It discusses the attitudes of the Indian courts to international arbitral awards, the potential for setting aside of awards (considering the decision in BALCO), payments under a foreign award and the potential for an appeal of a judicial decision. This topic may also be referred to as applications (applying for) the recognition and enforcement of arbitral awards in India.

This Practice Note considers the availability of interim measures (relief) from the Indian courts in support of domestic and foreign arbitration.