In a win for party autonomy, a three-judge bench of the Supreme Court, comprising Mr Justice RF Nariman, Mr Justice BR Gavai and Mr Justice Hrishikesh Roy, has settled a longstanding and controversial question of law by holding that two entities or companies incorporated in India can opt for foreign-seated arbitration and that an award passed in such arbitration would be enforceable in India (
PASL Wind Solutions Private Limited v GE Power Conversion India Private Limited, 20 April 2021).
Facts
The parties were companies incorporated in India. In 2010 the appellant issued three purchase orders to the respondent for the supply of specified converters. Certain disputes arose between the parties in relation to the expiry of the converters warranties. The parties then entered into a settlement agreement, dated 23 December 2014, to resolve the disputes. Clause 6 of the settlement agreement contained the dispute resolution clause which stipulated that if the parties were unable to rea
Vanguard News
ICC Africa regional arbitration to hold confab in June
On
By Ebunoluwa Sessou
The 5th ICC Africa Regional has concluded plans to hold a Conference on International Arbitration in June between 1 and 4, 2021.
With the theme, “Arbitration in Africa: Expanding the Scope,” the conference will be organised to virtually in strict compliance with COVID-19 protocols.
In a statement signed by the Conference Director of Logistics and Publicity, Dr Yemi Agbelusi, FCIArb, the conference is the most important gathering for the African Arbitration Community.
According to him, this year’s event will parade an assemblage of top-class speakers to facilitate topical discussions, relevant news, indispensable updates, and networking on International Arbitration in the region.
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On 2 April 2021, Ethiopia enacted a new arbitration law, known as the Arbitration and Conciliation Working Procedure, Proclamation Number 1237/2021 (the Proclamation ), to apply to commercial domestic arbitrations and international arbitrations whose seat is in Ethiopia.
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The new law is part of larger efforts in the country to modernize its laws and position Ethiopia as business-friendly, thereby attracting more foreign investment. Ethiopia is the second most populous country in Africa, with a population of over 112 million, and the fastest-growing economy in the region according to the World Bank.
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Prior to the enactment of the new law, under the previous legal framework for arbitration in Ethiopia, there was a limitation on the scope of the competence-competence doctrine, which allows arbitrators to rule on their own jurisdiction. While the Civil Code allows arbitrators to rule on their jurisdiction, Article 3330(
Tuesday, May 4, 2021
Two Indian parties are entitled to elect a seat of arbitration outside India;
The expression “International Commercial Arbitration” in Part I of the Arbitration Act is party-centric, whereas, when used in the context of Part II signifies a place-centric approach;
Resultantly, a foreign seated arbitration between two Indian parties would qualify as “International Commercial Arbitration” under Part II of the Arbitration Act, and enforcement of a foreign award arising thereunder will have to be filed before the High Court;
Two Indian parties are entitled to interim reliefs before Indian Courts, even if their arbitration is seated outside India;