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SESSION 11

Section 9 reliefs in arbitration with an Indian vs. foreign seat

Speaker, Nakul Dewan kickstarted the session by a poll based on a class problem on Emergency Arbitration. He briefly discussed the pre and post amended Section 9 referring to the Bhatia Judgement (Para 21), the BALCO Case, and the Law Commission Report. He elaborated on the present, post amended Section 9 where the Indian Court can grant Interim Relief if circumstances require and if parties have not voluntarily stated otherwise.

The discussion moved further to the place-centric and not party-centric International Commercial Arbitration. The speaker even refereed the Swift-Fortune Ltd vs Magnifica Marine SA Case where the Singapore Supreme Court held that it can grant Interim Relief for foreign courts.

Later, he presented a scenario to illustrate where the parties should seek arbitration and what relief they should seek when one party has become insolvent and is unable to fulfil the requirements of the contract.

RESOURCE PERSON

Nakul Dewan

Senior Advocate, Supreme Court of India