International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
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Article 19 was construed holistically to determine the juridical seat: the clause conferring exclusive jurisdiction on courts at New Delhi evidenced party intent to select India as the seat, while reference to ICC Rules was held to govern only procedure/administration and the later ICC fixation of Singapore indicated a venue for convenience, not seat; consequently, Indian courts retained exclusive supervisory jurisdiction. Applying lex fori of the seat, standards of independence and disclosure were governed by the A&C Act, and the arbitrator's omission of prior professional involvement was treated as material non-disclosure under the Fifth Schedule, justifying doubt as to impartiality. A foreign anti-suit injunction from the venue court lacked subject-matter competence and could not operate as res judicata against the seat court; the appeal challenging the interim anti-arbitration injunction was dismissed. - HC
Article 19 was construed holistically to determine the juridical seat: the clause conferring exclusive jurisdiction on courts at New Delhi evidenced party intent to select India as the seat, while reference to ICC Rules was held to govern only procedure/administration and the later ICC fixation of Singapore indicated a venue for convenience, not seat; consequently, Indian courts retained exclusive supervisory jurisdiction. Applying lex fori of the seat, standards of independence and disclosure were governed by the A&C Act, and the arbitrator's omission of prior professional involvement was treated as material non-disclosure under the Fifth Schedule, justifying doubt as to impartiality. A foreign anti-suit injunction from the venue court lacked subject-matter competence and could not operate as res judicata against the seat court; the appeal challenging the interim anti-arbitration injunction was dismissed. - HC
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