Suresh Shah vs Tata Consultancy Services Ltd.

ik-37257348 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

Suresh Shah vs Tata Consultancy Services Ltd. is a Delhi High Court decision dated December 2, 2024 (citation: ik-37257348). Preliminary question in cross-petitions under Section 34 of the Arbitration and Conciliation Act regarding whether the arbitration between a Kenyan national (Suresh Shah) and TCS constituted an International Commercial Arbitration (ICA). The court held that the definition of ICA under Section 2(1)(f) of the Act is a non-derogable provision and parties cannot contract out of it through party autonomy. Since the respondent was a national and resident of Kenya, the proceedings were classified as The case was heard by Justice Neena Bansal Krishna.

Summary

Preliminary question in cross-petitions under Section 34 of the Arbitration and Conciliation Act regarding whether the arbitration between a Kenyan national (Suresh Shah) and TCS constituted an International Commercial Arbitration (ICA). The court held that the definition of ICA under Section 2(1)(f) of the Act is a non-derogable provision and parties cannot contract out of it through party autonomy. Since the respondent was a national and resident of Kenya, the proceedings were classified as ICA, affecting the scope of challenge and procedure applicable.

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

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-37257348)