A v B
The transfer of P's rights to F under the Indian court-sanctioned Scheme constituted universal succession in substance, not an equitable assignment; the tribunal was bound to recognize the effect of the Scheme and Orders, and E's procedural objections were waived under section 73 of the Arbitration Act as they were not raised during arbitration.
- Parties
- Claimant: E; Defendant: B
- Jurisdiction
- England and Wales
- Judgment Date
- 25 November 2016
- Procedural Posture
- Arbitration Claim / Judgment on Challenge to Arbitral Award
- Outcome
- challenge dismissed
- Legal Topics
- Party Substitution, Universal Succession, Assignment of Claims, Effect of Foreign Mergers, Arbitral Jurisdiction, Procedural Waiver
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
E
Claimant
B
Defendant
Procedural Posture
Arbitration Claim / Judgment on Challenge to Arbitral Award
Legal Issues
- 1 Whether the arbitral tribunal had jurisdiction to permit substitution of F for P after P's dissolution under Indian law
- 2 Whether the transfer of P's rights to F constituted an equitable assignment or universal succession
- 3 Whether notice of assignment was required before P's dissolution
Ratio Decidendi
The transfer of P's rights to F under the Indian court-sanctioned Scheme constituted universal succession in substance, not an equitable assignment; the tribunal was bound to recognize the effect of the Scheme and Orders, and E's procedural objections were waived under section 73 of the Arbitration Act as they were not raised during arbitration.
Court Disposition
challenge dismissed
Orders
- E’s challenges to the Second Partial Award are dismissed
- Costs follow the event
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment