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In the present case, following the annulment of a court-approved restructuring arrangement and the declaration of bankruptcy of the Sritex Indonesian Entities, the Curators appointed in the Indonesian Bankruptcy Proceeding approached the present court seeking recognition of the proceedings and relief concerning assets and affairs connected with Singapore.
The admission is particularly noteworthy as Senior Advocate Vijay Kumar Arora becomes only the third Indian Senior Advocate to be granted full rights of audience before the Singapore International Commercial Court. Advocate Aditya Bharat Manubarwala likewise joins the select panel of foreign lawyers authorised to appear before the SICC in qualifying proceedings and relevant appeals.
by Juvraj Singh Bindra* and Esha Goyal**
A mandatory effect operates to recognise a foreign proceeding once the requirements in Article 17 of the Third Schedule are satisfied.
“Acausal nexus must be established between the breach of Natural Justice and the award made. An inquiry should be made as to whether the breach was merely technical and inconsequential or whether it has resulted in denial of benefit to the Tribunal to decide on crucial evidences.”