INDIA 22 February 2021 Rishima

High Court of Delhi, 22 February 2021
(Rishima SA Investments LLC v. Shristi Infrastructure Development Corporation Limited & Anr.)

22 - 02 - 2021

INDIA 22 February 2021 Rishima

Jurisdiction India
Summary

The Delhi High Court discusses issues pertaining to the territorial jurisdiction of the Indian courts in connection with enforcement of a foreign arbitral award. The Court explained that the definition of “Court” in Section 47 of the Indian Arbitration Act (pertaining to recognition and enforcement of New York Convention awards) is different from the definition of Court in Section 2(1)(e) of the Indian Arbitration Act. Section 47 determines territorial jurisdiction of the enforcement court based on subject-matter of the award as opposed to Section 2(1)(e), which determines territorial jurisdiction based on the subject-matter of the arbitration. The Court ruled that where the relief granted by the Arbitral
Tribunal is in the form of money, the location of the assets of the award debtor would determine the territorial jurisdiction of the enforcement court under Section 47 of the Indian Arbitration Act.

Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
INDIA 22 February 2021 Rishima