Title: Pre-referral Jurisdiction: B&T AG v. Ministry of Defence Widens the Eye of the Needle
Author(s): Ieshan Sinha (View Profile)
Journal: Indian Review of International Arbitration
Source: www.iriarb.com
Abstract:
The article delves into the nuanced treatment of awards that have been annulled at the seat in various jurisdictions. The authors also examine the treatment of awards where an application for setting aside the award has been initiated in the seat court. The study primarily focuses on French, British, American, and Indian courts.
The article meticulously analyzes the divergent approach of French courts, which deviate from the conventional norm of non-enforcement of annulled awards, supported by pertinent case laws. Additionally, it discusses how American courts do not recognize awards that have been annulled at the seat. In contrast, British courts adopt a more balanced approach, lacking a strict rule governing the treatment of annulled awards.
Furthermore, the article investigates the Indian courts' standpoint on this matter, specifically exploring the Vijay Karia Judgment, which elaborates on the grounds for non-enforcement of arbitral awards in India.
In this comprehensive examination of international jurisdictions, the article contributes to the understanding of the complex issues surrounding the enforcement of awards annulled at the seat, providing valuable insights for practitioners and scholars in the field of international arbitration.
Cite this as: Ieshan Sinha,“ “ Pre-referral Jurisdiction: B&T AG v. Ministry of Defence Widens the Eye of the Needle ” 3 IRIArb (2023).
*The views expressed are of author(s) only.
