Tata Consultancy Services Ltd. vs Suresh Shah

ik-177171452 Delhi High Court 2 December 2024 • 19 min read

Judges (1)

Counsel (11)

Abhishek Chauhan Counsel Respondent Azhar Alam Counsel Respondent Divya Bhalla Counsel Respondent Ekta Kapil Counsel Respondent Kartike Anand Counsel Respondent Munindra Dvivedi Counsel Respondent Raghav Dutt Counsel Respondent Samaya Khanna Counsel Petitioner Sambit Nanda Counsel Petitioner Suhail Dutt Counsel Respondent Vikas Dhawan Counsel Petitioner

Parties (2)

Tata Consultancy Services Limited Respondent Suresh Shah Petitioner

Case Significance

Tata Consultancy Services Ltd. vs Suresh Shah is a Delhi High Court decision dated December 2, 2024 (citation: ik-177171452). The preliminary question in cross-petitions under Section 34 of the Arbitration Act was whether the arbitration between Suresh Shah (a Kenyan national) and TCS constituted an International Commercial Arbitration. The court held that since the respondent is a national and resident of Kenya, the proceedings were International Commercial Arbitration under Section 2(1)(f) of the Act, and parties cannot derogate from this statutory definition through party autonomy. The preliminary question was de The case was heard by Justice Neena Bansal Krishna.

Summary

The preliminary question in cross-petitions under Section 34 of the Arbitration Act was whether the arbitration between Suresh Shah (a Kenyan national) and TCS constituted an International Commercial Arbitration. The court held that since the respondent is a national and resident of Kenya, the proceedings were International Commercial Arbitration under Section 2(1)(f) of the Act, and parties cannot derogate from this statutory definition through party autonomy. The preliminary question was decided accordingly and the petitions listed for merits hearing.

What was the outcome of Tata Consultancy Services Ltd. vs Suresh Shah?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-177171452)