Mareva Injunction, one of the most severe reliefs, is an interlocutory order which is sought by the claimant during the pendency of the proceedings or even after the judgement or award is obtained to ensure its smooth execution. Usually sought when high stakes of money is involved or in the event of fraud. If granted, this injunction prevents the defendant from dissipating his assets until the judgement/award can be obtained or enforced. Continue reading MAREVA INJUNCTION: A Nuclear Weapon in aid of Arbitration?
-by Abhishar Vidyarthi The Hon’ble Supreme Court of India (“Court”) in a landmark decision titled “Hindustan Construction Company Ltd v Union of India” (Hindustan Company) struck down Section 87 of the Arbitration and Conciliation Act 1996, (“1996 Act”) which was inserted through the Arbitration and Conciliation (Amendment) Act, 2019 (“Amendment Act 2019”). Section 87, as inserted by the Amendment Act 2019, restricted the retrospective application … Continue reading IS THE POSITION ON AUTOMATIC STAY OF AWARDS FINALLY SETTLED: HINDUSTAN CONSTRUCTION COMPANY LTD V UNION OF INDIA