Invocation & constitution
Invocation notices, appointment proceedings, constitution of the tribunal and preliminary objections.
The Chambers has handled matters throughout the arbitration lifecycle, including invocation, constitution of the tribunal, interim protection, arbitral proceedings, award challenges and execution. The practice spans commercial, construction, infrastructure and government-contract disputes.
Arbitration often requires coordinated work in both forums. The Chambers’ experience includes interim measures under Section 9 before courts and Section 17 before arbitral tribunals, as well as proceedings before and after an award.
Selected reported appearances ↓Invocation notices, appointment proceedings, constitution of the tribunal and preliminary objections.
Applications for interim measures before courts and arbitral tribunals, and proceedings concerning compliance with interim orders.
Statements of claim and defence, counterclaims, jurisdictional issues, evidence, examination of witnesses and oral and written submissions.
Challenges to awards, applications for stay and related appellate proceedings.
Enforcement and execution proceedings, including objections arising at the execution stage.
Role: appeared for RLDA as part of the petitioner’s counsel team, as recorded in the reported judgment.
The proceedings concerned construction obligations, delay and the contractual basis for damages; the interim and final awards, aggregating ₹96.77 crore, were set aside by the Court (2018:DHC:2867).
O.M.P. (COMM) 9/2016 and O.M.P. 226/2015 · Read the judgment ↗
“For the Petitioner: Mr Amarendra Sharan, Sr. Advocate with Mr Shaurya Sahay and Mr Kumar Abhishek.” Judgment record
Role: appeared for respondent RLDA with the counsel team, as recorded in the judgment.
The appointment proceedings addressed objections arising from earlier arbitrations, including res judicata and Order II Rule 2 CPC; the petition was allowed, an arbitrator was appointed and the objections were left for the tribunal (ARB.P. 710/2019).
Read the judgment ↗Role: appeared for petitioner RLDA as part of the counsel team, as recorded in the reported judgment.
A challenge to an award of ₹1,034.53 crore involving financial close, deemed termination and forfeiture under a development agreement; the Section 34 petition was dismissed and the award upheld (2018:DHC:2143).
O.M.P. (COMM) 72/2018 · Read the judgment ↗
Recorded role: counsel for the Government/PWD judgment debtor, opposite BSC-C and C (JV), in execution proceedings reproduced in the High Court’s order.
The High Court’s decision reproduces the execution court’s order of 26 June 2023 in Commercial Arbitration Execution No. 1 of 2022, recording Shaurya Sahay’s appearance by video conference; the matter involved objections concerning stamp duty and the presence of the Ministry of Road Transport and Highways (reported order).
The revision was disposed of with four further weeks to satisfy the decree; the Court directed that execution proceed by means other than civil detention of the Chief Engineer personally (operative directions).
“Judgment Debtor is represented by Shri. Shaurya Sahay, Advocate who also appeared via V/C. He is assisted by Shri. E.R. Chyne and J.N. Rynjah, Advocates.” Order reproduced in the judgment
Analysis of appointment proceedings and enforcement of interim measures.
All publications →Shaurya Sahay & Aditya Kumar · 5 October 2024
Shaurya Sahay · 21 May 2020