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- India 9 June 2020 Goodwill Non-woven
India 9 June 2020 Goodwill Non-woven
High Court, Delhi, 9 June 2020, OMP(I) (Comm) 120/2020
(Goodwill Non-woven P. Ltd. v XCoal Energy & Resources LLC)
India 9 June 2020 Goodwill Non-woven
The Indian petitioner sought interim relief in respect of an ICC arbitration to be commenced in New York. It claimed that in the wake of the COVID- 19 pandemic and the timelines for commencing the arbitration proceeding, it had the reasonable apprehension that the US respondent may make attempts to obstruct the satisfaction of a future award. The Court held that the jurisdiction of the Indian courts to issue interim measures was not an asset-based one: the availability of assets in India was irrelevant. On the facts of the case, however, the Court denied the measure of protection, holding that no prima facie case was made out and that this was not an exceptional case where the record sufficiently showed the respondent was likely to render the entire arbitration proceedings infructuous by depleting funds.
Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.