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Showing posts from August, 2020

ELP Arbitration: Update - August 2020

DELHI HIGH COURT HOLDS THAT THE PROVISIONS OF (AMENDED) SECTION 29A (1) SHALL BE APPLICABLE TO ALL PENDING ARBITRATIONS SEATED IN INDIA AS ON AUGUST 30, 2019 AND COMMENCED AFTER OCTOBER 23, 2015.     ONGC Petro Additions Limited v. Fernas Construction Co. Inc.1 FACTUAL BACKGROUND Vide an order dated September 25, 2019 (Order), the Delhi High Court (Court) disposed off the petition filed by ONGC Petro Additions Limited (Petitioner) against Fernas Construction Co. Inc. (Respondent) under Section 29A of the Arbitration and Conciliation Act 1996 (the Act) and allowed an extension of 18 months (effective from June 24, 2019) for the arbitral tribunal (Tribunal) to complete the proceedings and render an award. Subsequently an issue arose before the Tribunal with respect to impleadment of the Respondent as a proper party to the arbitration proceedings. If impleaded, the proceedings would qualify as an international commercial arbitration (ICA) as defined under Section 2(1)(f) of the A...