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DELHI HIGH COURT
SANJEEV NARULA
Shanghai Electric Group Co. Ltd. – Appellant
Versus
Reliance Infrastructure Ltd. – Respondent
| Table of Content |
|---|
| 1. identification of parties involved in the dispute. (Para 2 , 3) |
| 2. factual background of contracts and financial obligations. (Para 4 , 5 , 6 , 9) |
| 3. arguments against objections regarding section 9 applicability. (Para 12 , 13 , 14 , 15) |
| 4. contentions regarding maintainability based on jurisdiction. (Para 20 , 21 , 22 , 23) |
| 5. jurisdictional objections and their implications for the case. (Para 30 , 31 , 32 , 33) |
| 6. merits of segcl's claims and challenges raised by reliance. (Para 79 , 80 , 81 , 82) |
| 7. recommendations against granting interim relief. (Para 86 , 87 , 88) |
JUDGMENT
Sanjeev Narula, J. The present petition under Section 9 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"] seeks interim measures for securing the amount in dispute in arbitration payable in terms of a Guarantee Letter dated 26th June, 2008 issued by the Respondent as well as injunctive reliefs restraining the Respondent from selling, transferring or otherwise disposing of and/or creating any encumbrances on its assets during the pendency of the arbitration proceedings.
TABLE OF CONTENTS
PARTIES TO THE DISPUTE
FACTS
CONTENTIONS ADVANCED
I. ON BEHALF OF SEGCL
A. Reliance's
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 main legal point established in the judgment is the requirement for a prima facie case or crystallization of debt due to obtain interim measures under Section 9 of the Arbitration Act, and the co....
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 Section 9 of the Arbitration and Conciliation Act applies to international commercial arbitrations, even if seated outside India, unless speci....
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 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....
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