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India Jurisdiction

A&O Shearman

The Mumbai Centre for International Arbitration Releases New Rules

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The Mumbai Centre for International Arbitration (MCIA) has released its 2025 Arbitration Rules, introducing major updates to streamline proceedings, enhance transparency, and align with global best practices. This post...more

Jenner & Block

Client Alert: English High Court Confirms That India’s Ratification of the New York Convention Was Not a Waiver of Its Sovereign...

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The threshold for challenging awards and their enforcement in the UK remains high, a key reason why London remains one of the busiest arbitration venues in the world and a key jurisdiction for the enforcement of arbitral...more

Morrison & Foerster LLP

English High Court Clarifies Sovereign Immunity: Ratification of New York Convention Not a Waiver

English High Court determines that ratification of the New York Convention on the Recognition and Enforcement of Arbitral Awards does not constitute prior written agreement to waive sovereign immunity....more

Jones Day

Indian Supreme Court Sets Aside Arbitral Award for "Grave Miscarriage of Justice"

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The Indian Supreme Court invokes curative jurisdiction to set aside US$960 million award to avoid a "grave miscarriage of justice," seven years after the award creditor received a favorable award in India and three years...more

A&O Shearman

Devas v. Antrix: Ninth Circuit Requires Minimum Contacts for Personal Jurisdiction over Foreign States

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The Ninth Circuit’s February 6, 2024, decision denying rehearing en banc of Devas v. Antrix and upholding its earlier ruling to overturn the enforcement of a $1.3 billion arbitration award diverges significantly from the...more

WilmerHale

Cox and Kings v. SAP India Pvt. Ltd. & Anr.: The Indian Supreme Court Revisits and Retains the Group of Companies Doctrine

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In December 2023, a five-judge bench of the Indian Supreme Court issued its much-awaited decision on the “group of companies” doctrine in Cox and Kings v. SAP India Pvt. Ltd. & Anr. (“Cox and Kings”), confirming that the...more

White & Case LLP

Supreme Court of India ruling allows for foreign-seated arbitrations between Indian companies

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The Supreme Court of India has clarified that two Indian parties may elect to arbitrate in a non-Indian forum, and that interim measures for such an arbitration will be available in Indian courts. This ruling gives...more

WilmerHale

The Group of Companies Doctrine - Assessing the Indian Approach

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Consent is a foundational requirement of any arbitration. This consent is embodied in the arbitration agreement. Typically, therefore, it is only the signatories to an arbitration agreement that are bound by the agreement to...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Changes the Game for Selling Single-API Drugs to the Government

Selling drugs to the Government just got a lot simpler. In Acetris Health LLC v. United States, No. 2018-2399 (Feb. 10, 2020), the Federal Circuit opened the Government door to all drugs “manufactured”—that is, measured,...more

Sheppard Mullin Richter & Hampton LLP

What Does it Mean to Manufacture? Federal Circuit’s Acetris Decision Fundamentally Alters Trade Agreements Act Compliance

On February 10, 2020, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in Acetris Health LLC v. United States, No. 2018-2399 (Feb. 10, 2020). In Acetris, the Federal Circuit was asked to...more

Jones Day

Proposed Amendments to India's Arbitration Act

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The Government of India has announced possible amendments to the Indian Arbitration and Conciliation Act 1996 ("Act"). On 7 March 2018, the Cabinet of Ministers approved the Arbitration and Conciliation (Amendment) Bill 2018...more

WilmerHale

The Choice of a Foreign Seat in Domestic Disputes – An Opportunity for one More Step Forward in India’s Journey to Establish...

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The growth of India as an arbitral jurisdiction continues to raise interesting questions of principle and policy. This article explores one such question - whether Indian parties have the autonomy to choose a foreign seat. As...more

Smart & Biggar

Rx IP Update - 2017 Highlights in Canadian Life Sciences IP

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The year 2017 was one of the most significant years for Canadian Life Sciences IP and Regulatory Law in Canada’s history. The year saw major developments in patent linkage, patent term, and substantive patent issues. As we...more

Latham & Watkins LLP

High Court Flexes its Muscles in Support of LCIA Arbitration

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The English High Court has again demonstrated its willingness to exercise supervisory jurisdiction in support of arbitration proceedings by granting an anti-suit injunction and a freezing order against a party which started...more

Morgan Lewis

An Introductory Guide to Arbitration in Asia

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International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

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