Ansh Desai
Ansh is a member of the International Dispute Resolution & Investigations practice of the research and strategy driven international law firm, Nishith Desai Associates.
Ansh’s areas of expertise include commercial law and international arbitration. He has handled a variety of foreign-seated commercial arbitrations seated in Singapore, the United Kingdom, and Qatar, governed by the SIAC and LCIA Rules. His experience covers multi-national disputes in the pharmaceutical, construction and fintech industries. He also regularly appears before the Bombay High Court and tribunals in relation to various commercial disputes.
In additional to his expertise in arbitration and litigation, Ansh has worked on cross-border insolvency matters and white-collar investigations involving issues such as internal fraud, and kickbacks.
He also has several articles to his credit published in leading platforms like the Kluwer Arbitration Blog, LexisNexis PSL, RMLNLU Arbitration Blog etc. At NDA, he has also contributed to research papers on International Commercial Arbitration and articles on arbitration and litigation in Singapore as well as India.
Practice Area
Panel
- Contributing Author
Qualification
- BA LLB (Hons.) (2022)
Education
- Gujarat National Law University (2022)
3 Contributions by Ansh Desai
PRACTICE NOTES
Enforcing foreign arbitral awards in India under the Arbitration and Conciliation Act 1996: New York Convention procedure, section 48 defences, limitation and execution
Recognition and enforcement of arbitral awards in India
Recognition and the enforcement of arbitral awards in India are principally regulated by the Arbitration and Conciliation Act 1996 (ACA 1996), as amended, alongside the Code of Civil Procedure 1908 (CPC). Both domestic and overseas awards are implemented in the same fashion as a decree of an Indian court, including consent awards arising from party settlements. There is, nevertheless, a procedural divergence for enforcement depending upon the arbitration seat. Enforcement and execution of an India-seated arbitral award (a domestic award) fall under ACA 1996, Pt I, whereas awards seated abroad (foreign awards) are enforced pursuant to ACA 1996, Pt II. Part II of ACA 1996 incorporates, and gives effect to, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) and the Convention on the Execution of Foreign Arbitral Awards (the Geneva Convention), each ratified by India. India is not party to any other convention concerning the enforcement of foreign awards. Indian courts treat both domestic and foreign awards as equivalent to court decrees for enforcement. This parity covers consent awards achieved through party settlement too. If a foreign award has been issued in a country...
Arbitration
PRACTICE NOTES
India: Challenges to arbitral tribunal jurisdiction and anti-suit/anti-arbitration injunctions under the Arbitration and Conciliation Act 1996
This Practice Note explores objections to the jurisdiction of arbitral tribunals under the Indian Arbitration and Conciliation Act 1996 (ACA 1996), as updated and amended, as well as anti-suit and anti-arbitration injunctions in this context. Note: Indian judgments cited in this Practice Note are not reported by LexisNexis® UK.
The Arbitration and Conciliation Act 1996 (as amended)
Arbitration law in India is set out comprehensively in the Arbitration and Conciliation Act 1996 (ACA 1996). The ACA 1996 was revised by the Arbitration and Conciliation (Amendment) Act 2015 (the 2015 Amendment), and later by the Arbitration and Conciliation (Amendment) Act 2019 (the 2019 Amendment), respectively. This Practice Note addresses the legal position under the ACA 1996 following the 2015 Amendment and the 2019 Amendment. The discussion reflects the statute’s position following both sets of amendments.
Challenges to tribunal jurisdiction
By virtue of section 16 ACA 1996, India embraces the kompetenz-kompetenz doctrine; accordingly, in practice, under Indian law an arbitral tribunal may decide upon its own jurisdiction. For a discussion of kompetenz-kompetenz in English law, see Practice Note: AA 1996—challenging an arbitral tribunal’s jurisdiction pre-award (ss 31 and 32)—principle of Kompetenz-Kompetenz...
Arbitration
PRACTICE NOTES
Interim relief in Indian arbitration: court (s 9) and tribunal (s 17) powers, standards, jurisdiction, third parties and enforcement, including foreign-seated cases, under the Arbitration and Conciliation Act 1996.
Interim measures are frequently required in arbitration to safeguard a party before, throughout, and, where necessary, after an award has been issued. Such orders are typically granted to ensure that any award can be enforced against relevant assets and is not rendered ineffectual. This Practice Note outlines the interim measures available under Indian law to parties to arbitration.
Note: Indian judgments referred to in this Practice Note are not reported by LexisNexis®.
The Arbitration and Conciliation Act 1996 (as amended)
Indian arbitration law is governed by the Arbitration and Conciliation Act 1996 (ACA 1996). The ACA 1996 was amended by the Arbitration and Conciliation (Amendment) Act 2015 (the 2015 Amendment), and later by the Arbitration and Conciliation (Amendment) Act 2019 (the 2019 Amendment). This Practice Note considers the legal position under the ACA 1996 following the 2015 and 2019 Amendments. The ACA 1996 is structured in four parts, including:
Part I, which regulates arbitrations with their seat or place in India (domestic arbitration); and
Part II, which contains provisions on ‘foreign awards’, ie awards made in commercial arbitrations held in a territory that is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards...
Arbitration
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