Delhi High Court Enforces CIETAC Award Despite CIETAC Split

Delhi High Court agrees to enforce CIETAC arbitral award against Indian company despite CIETAC split

Herbert Smith Freehills reviews a 2018 decision of the Delhi High Court, which agreed to enforce a China International Economic and Trade Arbitration Commission (CIETAC) award against an Indian company, despite the award debtor’s arguments that the dispute should have been referred to and administrated by the now independent Shanghai International Arbitration Centre (SHIAC), which until mid-2012 was the Shanghai Sub-Commission of CIETAC.

The authors observe that the pro-arbitration approach adopted by the Court may serve as a helpful precedent for future disputes regarding the interpretation of arbitration agreements following reorganisations of arbitral institutions.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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