BRUS CHAMBERS, Solicitors
: CHALLENGING ARBITRAL AWARD
Brus Chambers arbitration services include challenging arbitral award only where the seat of arbitration was within India.
In a landmark arbitration decision in Bharat Aluminium v Kaiser Aluminium, the Supreme Court a five-judge Constitution bench held that arbitral proceedings conducted offshore would not be open to judicial scrutiny of Indian courts which can only deal with enforcement of foreign awards. Part I of the Act (which vests courts with the powers of awarding interim relief in support of arbitration, and setting aside arbitral awards under section 34) only applies to arbitrations seated within India;. Awards rendered in foreign seated arbitrations are only subject to the jurisdiction of Indian courts when they are sought to be enforced in India under Part II of the Act(this does not include challenging of the award); Indian courts cannot order interim relief in support of foreign seated arbitrations.
Where can the foreign arbitral award be challenged, if not in India?
In a jurisdiction where the arbitration was seated. Brus Chambers can assist you in challenging of the arbitral award in the jurisdiction where the arbitration was seated under the laws of that jurisdiction.