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SANJEEV SACHDEVA, MANOJ JAIN
Shanghai Electric Group Co. Ltd. – Appellant
Versus
Reliance Infrastructure Ltd – Respondent
JUDGMENT
Sanjeev Sachdeva, J. -Appellant- Shanghai Electric Group Co. Ltd (hereinafter referred to also as Shanghai Electric) by way of this Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Arbitration Act") impugns judgment dated 19.07.2022, whereby petition filed by it under Section 9 of the Arbitration Act was dismissed.
2. Appellant filed the petition seeking urgent interim reliefs, inter alia, to secure the amount in dispute in arbitration (i.e., approx. INR 1100 Crores) that was allegedly due and payable to the Appellant by the Respondent- Reliance Infrastructure Ltd (hereinafter referred to also as Reliance Infrastructure) under guaranteed letter dated 26.06.2008, issued by the Respondent to the Appellant . Appellant filed the Petition contending that the Arbitral Award when passed would be incapable of execution in absence of any interim protection.
3. Learned Single Judge of this Court has dismissed Appellant 's Petition holding that the concerns raised by Appellant over Respondent's financial situation and resources, was a highly contentious issue. The relief sought (i.e. an order to secure the sum sought before the rende
The court clarified that without an explicit agreement to exclude Section 9 of the Arbitration Act, its applicability cannot be assumed, allowing claims under Section 9 for interim relief despite ong....
The Emergency Arbitrator's decision is binding and enforceable under Section 9 of the Arbitration Act, emphasizing party autonomy and the need for compliance with interim orders.
The main legal point established in the judgment is that the Court applied the principles of strong prima facie case and weighing the balance of convenience in favor of the respondent company in gran....
The main legal point established in the judgment is the applicability of Section 9 of the Arbitration and Conciliation Act, 1996 to international commercial arbitration, and the court's authority to ....
The financial distress of a party cannot justify securing unadjudicated claims as interim relief under Section 9 of the Arbitration Act; a prima facie case, balance of convenience, and irreparable ha....
The arbitral tribunal has broad powers to issue interim measures under the Arbitration and Conciliation Act, ensuring protection of claims during ongoing proceedings.
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