Implications arising from SGCA’s approach in Anupam Mittal case in future arbitration proceedings

Author : Rishi Batta | Published On : 02 May 2024

The case revolves around the oppression and mismanagement (“O&M”) grievance raised in a company petition filed by Mr. Mittal before the NCLT against Westbridge. Westbridge secured an ex-parte anti-suit injunction against the said proceedings on the grounds that the cause of action arose from the shareholder’s agreement between the parties, which contained an arbitration clause and hence the present matter was under the purview of an arbitration agreement.

Mr. Mittal challenged the said injunction in SGCA on the grounds that O&M matters are not arbitrable under the Indian Law and hence such matter does not fall under the purview of an arbitration agreement. SGCA upheld the anti-suit injunction with the reasoning that under the SIAA (2), O&M matters are arbitrable.

Read More: https://tlegal.com/blog-details/implications-arising-from-sgcas-approach-in-anupam-mittal-case-in-future-arbitration-proceedings

In the judgment, SGCA reasoned that the UNCITRAL Model Law (3) does not define what law applies in the pre-award phase and that the reference of public policy in SIAA was framed broadly enough for the Court to examine foreign countries' public policy. Further, the SGCA clarified how the arbitration agreement, in conjunction with the law that regulates it, decides what parties have agreed to arbitrate and the law of the arbitration agreement.