P&A Law Offices Successfully Represented UpHealth in Section 9 A&C Act Petition at Calcutta High Court
P&A Law Offices successfully represented UpHealth Holdings, Inc. in a post-Award Section 9 Petition before the Calcutta
P&A Law Offices Successfully Represented UpHealth In Section 9 A&C Act Petition At Calcutta High Court
P&A Law Offices successfully represented UpHealth Holdings, Inc. in a post-Award Section 9 Petition before the Calcutta High Court which involved a complex question of law regarding the jurisdiction of a Single Judge of the Calcutta High Court in the Commercial Division, in entertaining a Section 9 petition in respect of a foreign-seated arbitration.
The issue considered by the Single Judge was as follows: when the Respondents neither reside nor have assets within the original jurisdiction of the Calcutta High Court (but within West Bengal), considering Section 2(1)(e)(ii) of the Arbitration and Conciliation Act, 1996 (A&C Act), could a Single Judge of the High Court in the Commercial Division exercise original jurisdiction?
After hearing the parties, the Calcutta High Court answered the question in the affirmative and concluded that a Single Judge in the Commercial Division has jurisdiction over original applications in international commercial arbitrations. This interpretation ensures that such petitions involving international commercial arbitration can be appropriately entertained, maintaining the efficacy and integrity of arbitration proceedings.
UpHealth Holdings, Inc. was represented by Mr. S.N. Mookherji and Mr. Ratnanko Banerji (Senior Advocates), with Mr. Suddhosatva Bannerjee, Mr. Chayan Gupta and Mr. Anujeet Mookherjee, (Counsels), briefed by Mr. Anand S Pathak (Managing Partner), Mr. Vijay Purohit (Partner), Mr. Shivam Pandey (Principal Associate), Mr. Siddhant Bajaj, Ms. Shyra Hoon, Mr. Nav Dhawan and Ms. Astha Ahuja (Senior Associates), and Mr. Samkit Jain (Associate) from P&A Law Offices. Mr. Anirudhya Dutta is the Advocate-on-Record.