Shweta Sahu
Shweta Sahu is a member of the International Dispute Resolution Practice at Nishith Desai Associates (NDA).
After attaining her BBALLB (Hons) from National Law University Odisha in 2015, she attended the West Bengal National University of Juridical Sciences, Kolkata to pursue her LLM in Corporate and Commercial Laws. She won several awards during her LLM course, including the R Gopal Krishnan Scholarship and Saroja Gopal Krishnan Scholarship, Nani A. Palkhivala Memorial Gold Medal, Deshapran Smriti Raksha Gold Medal, and was awarded a scholarship for securing the first position in the Corporate and Commercial Laws branch as well as the entire batch.
She joined the New Delhi office of NDA in September 2016. Shweta has been actively involved in several litigations before the consumer fora, district courts, National Company Law Tribunal, the High Court of Delhi and Supreme Court of India. She is also involved in various domestic as well as foreign-seated arbitrations. Enforcement of decrees, along with arbitral awards (domestic as well foreign), comprise a significant component of her practice area. Additionally, she is involved in employment-related litigations and insolvency matters. She takes keen interest in white-collar investigations, competition law, and international trade law.
Shweta is enrolled with the Bar Council of Delhi and is qualified to practice Indian law.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2017
Education
- LLM (Corporate and Commercial laws), National University of Juridical Sciences, Kolkata (2016)
- BBALLB (Hons), National Law University Odisha (2010-2015)
3 Contributions by Shweta Sahu
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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