INDIA 59

04 - 07 - 2018

INDIA 59

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIII (2018)
Jurisdiction India
Summary

India No. 59. LDK Solar Hi-Tech (Suzuhou) Co. v. Hindustan Cleanenergy Limited (formerly Moser Bear Clean Energy Limited), High Court of Delhi, New Delhi, EX. APPL. (OS) 192/2017, 4 July 2018

Related topics
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
510

Due process: The court discusses what are to be considered proper time limits and notice periods that fulfill the requirement that the party opposing recognition and enforcement of the arbitral award was extended due process.

Time limits and notice periods
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
INDIA 59