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ARTICLE · 17 AUGUST 2021

Dispute Resolution & Arbitration Monthly Newsletter | August 2021

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An Award was granted in favor of Medima LLC (Petitioner) by the ICC in proceedings governed by British law with the seat of arbitration in London, UK.

IndiaLitigation, Mediation & Arbitration
Faranaaz Karbhari
Faranaaz Karbhari
Rahul Jain
Rahul Jain
Khushboo Rupani
Khushboo Rupani
Mahafrin Mehta
Mahafrin Mehta
Aasiya Khan
Aasiya Khan
Akriti Shikha
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Medima LLC v. Balasore Alloys Ltd

AP/267/2021

Background facts

  • An Award was granted in favor of Medima LLC (Petitioner) by the ICC in proceedings governed by British law with the seat of arbitration in London, UK. Subsequently, to protect the outstanding amount payable by Balasore Alloys Ltd (Respondent) under the said Award, the Petitioner filed a post-award application under Section 9 of the Arbitration and Conciliation Act, 1996 (Act) in the Calcutta High Court (HC).
  • However, the Respondent called into question the maintainability of the application on the following grounds:
    • That as per the arbitration agreement between the parties, Section 9 of the Act was excluded.

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