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Arbitration & ADR

21 May 2020
Ajay Bhargava Supreme Court refuses foreign award enforcement – return of public policy challenge

India - Khaitan & Co

The Supreme Court recently refused enforcement of a foreign award on the basis that it was contrary to the fundamental public policy of India. Although a recent decision, the dispute arose almost 40 years ago and thus pertains to an era which preceded the amendment of the Arbitration and Conciliation Act. In its decision, the court analysed the concept of public policy and the difference between contingent contracts and frustration as a principle for voidability of contracts under the Contract Act.

Authors: Ajay Bhargava, Manavendra Mishra, Saasha Malpani, Shivank Diddi
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Martin Magal Way forward for corporate arbitration

Slovakia - Allen & Overy LLP

The arbitration court of the Slovak Bar Association (SBA) recently adopted new corporate dispute resolution rules. The SBA arbitration court is one of the most prominent arbitral institutions in Slovakia and the first to adopt specific rules for corporate disputes. The new framework aims to pave the way for more effective and specialised resolution of corporate disputes.

Authors: Martin Magal, Lucia Dulovičová
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Recent updates

Anne-Lise Ménagé Does Article 1466 of the Code of Civil Procedure include 'estoppel'?

France - Freshfields Bruckhaus Deringer LLP

Authors: Anne-Lise Ménagé, Vasuda Sinha
Ajay Bhargava Determining applicable law: role of arbitral tribunals

India - Khaitan & Co

Authors: Ajay Bhargava, Aseem Chaturvedi, Shivank Diddi
Katrina Vasey COVID-19 Weekly Report (4-10 May 2020)

International - International Law Office

Author: Katrina Vasey
Frank Spoorenberg One transaction but multiple arbitration agreements: extent of jurisdiction

Switzerland - Tavernier Tschanz

Authors: Frank Spoorenberg, Daniela Franchini
Paul Stothard COVID-19: AAA-ICDR's approach to arbitration

USA - Norton Rose Fulbright

Authors: Paul Stothard, Clinton Slogrove
Marie Berard Serious irregularity challenge to arbitral award upheld where ambiguity prevented enforcement

United Kingdom - Clifford Chance

Authors: Marie Berard, Mark Feldner, Benjamin Barrat

Upcoming event

GAR Live Singapore

1 September 2020 – Singapore

Returning for its sixth year, GAR Live Singapore will bring together leading arbitrators, representatives of institutions, expert witnesses and founders to address emerging developments in Singapore and beyond. Attendees will hear specific techniques and approaches for successfully mediating within investor-state arbitration, determine whether Singapore should be looking to innovate governing law, gain insight into cross-border award enforcement and join the GAR Live debate to decide whether Singapore International Arbitration Centre rules should provide parties with the opportunity to appeal on a point of law.

For more details please visit: