In Ningbo Aux Imp & Exp Co. Ltd. v. Amstrad Consumer India (P) Ltd.,[1] an arbitration petition was filed seeking enforcement of a foreign award, inter alia, against a non-signatory to the arbitration agreement and arbitral proceedings. The Bombay High Court (‘BHC’), thereafter, passed an Order directing disclosure of assets against the non-signatory. In an application filed by the non-signatory seeking vacation of the disclosure Order and deletion as party, the BHC held that a foreign arbitral award cannot be enforced against a person who was not party to the arbitration award. Accordingly, the BHC vacated the Order directing disclosure of assets against the non-signatory.
[1] Ningbo Aux Imp & Exp Co. Ltd. v. Amstrad Consumer India (P) Ltd., 2025 SCC OnLine Bom 2625.