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ARTICLE · 07 AUGUST 2019

Supreme Court Says It's Unfortunate That Arbitration In India Is Expensive And Time-Consuming

In Dolphin Drilling Ltd. ("Petitioner") v. M/s. Oil and Natural Gas Corporation Ltd. ("Respondent") 1, the Supreme Court of India ("Court") has, amongst other things

IndiaLitigation, Mediation & Arbitration

In Dolphin Drilling Ltd. ("Petitioner") v. M/s. Oil and Natural Gas Corporation Ltd. ("Respondent") 1, the Supreme Court of India ("Court") has, amongst other things, held that the fact that there is already an ongoing arbitration in respect of other disputes between the same parties under the same agreement, would not come in the way of either party invoking a fresh arbitration in respect of other arbitrable disputes under the same agreement. Thus, multiple arbitrations for different disputes under one agreement can be possible.

Facts:

The Petitioner and the Respondent entered into agreement dated October 17, 2003 for, inter alia, charter hire of deepwater drilling rig drill ship alongwith services on an integrated basis ("Agreement"). Whilst the period of the Agreement came to an end on February 13, 2007, the Petitioner contended that they continued to provide services until April 10, 2007 for which they were entitled to be paid additionally. Failing to get

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