The Enforceability Conundrum: Navigating Seat Supremacy and Judicial Intervention – Part II

ENFORCEMENT REALITIES AND THE TERRITORIAL CONFLICT IN CROSS-BORDER ARBITRATION Section 48 of the Arbitration and Conciliation Act envisages refusal of enforcement of a foreign award on grounds including violation of natural justice and conflict with public policy. It is necessary for narrowly construing public policy and not expansively. In the present matter, this criterion appears to be exceeded. Private dispute resolution […]

The Enforceability Conundrum: Navigating Seat Supremacy and Judicial Intervention – Part I

INTRODUCTION As the fallout between MSA Global and EPIL reached the apex court, serious reservations regarding the continuation of proceedings at the seat court of the dispute were expressed. A timeline of proceedings highlights a legal deadlock with the granting of an anti-arbitration injunction (AAI) by the Delhi High Court (Delhi HC) for a stay of proceedings and a counter anti-suit injunction (ASI)  by the Singapore court. The […]