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    <title>2020 (10) TMI 1397 - DELHI HIGH COURT</title>
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    <description>In a foreign-seated international commercial arbitration, Section 9 interim relief remains available under the proviso to Section 2(2) unless the contract specifically excludes that remedy. A general Singapore exclusive jurisdiction clause did not, by itself, bar Indian court intervention, particularly where assets and the aircraft were in India and pre-arbitral protection would otherwise be ineffective. The Court also found a prima facie breach of lease obligations in the alleged failure to supply registration documents and to provide an aircraft fit for Indian regulatory compliance, and accepted the risk of dissipation. Interim protection was therefore granted and the amount deposited in Court was directed to be retained pending arbitration.</description>
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    <pubDate>Fri, 23 Oct 2020 00:00:00 +0530</pubDate>
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      <title>2020 (10) TMI 1397 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=461131</link>
      <description>In a foreign-seated international commercial arbitration, Section 9 interim relief remains available under the proviso to Section 2(2) unless the contract specifically excludes that remedy. A general Singapore exclusive jurisdiction clause did not, by itself, bar Indian court intervention, particularly where assets and the aircraft were in India and pre-arbitral protection would otherwise be ineffective. The Court also found a prima facie breach of lease obligations in the alleged failure to supply registration documents and to provide an aircraft fit for Indian regulatory compliance, and accepted the risk of dissipation. Interim protection was therefore granted and the amount deposited in Court was directed to be retained pending arbitration.</description>
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      <pubDate>Fri, 23 Oct 2020 00:00:00 +0530</pubDate>
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