Tag Archives: patent illegality

The End of Doctrine of Patent Illegality for Foreign Awards in India?

In a remarkable recent decision, the Supreme Court of India in Shri Lal Mahal Ltd v Progetto Grano SpA, Civil Appeal No. 5085 of 2013, has bolstered its pro-arbitration and pro-enforcement credentials. The court definitively held that the doctrine of … Continue reading

Posted in Arbitration, India | Tagged , , , , , , , | Leave a comment

Indian Supreme Court Overrules its previous case of Bhatia International

The Indian Supreme Court has just delivered its long awaited decision in Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc, Civil Appeal No. 7019 of 2005. This case is significant in overruling its earlier decision of Bhatia International v … Continue reading

Posted in Arbitration, India, Singapore | Tagged , , , , , | 6 Comments

Delhi High Court – Error of Fact constitutes Patent Illegality

Introduction One of the foundations of arbitration is that awards rendered are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal curial intervention, stipulating that “[i]n matters … Continue reading

Posted in Arbitration, India, Singapore | Tagged , , , , , , , | 3 Comments