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Sep 30, 2021

SC holds that Foreign Award is Enforceable against Non-Signatories to Arbitration Agreement

The Supreme Court in Gemini Bay Transcription Pvt. Ltd. v. Integrated Sales Service Ltd.[1] held that a foreign award can be binding on non-signatories to the arbitration agreement and thus can be enforced against them. The enforcement of a foreign arbitral award cannot be resisted on the ground that it has been passed against a non-signatory under Section 48(1) of the Arbitration Act. Section 46 of the Arbitration Act refers to “persons as between whom it was made” which is a wider term than “parties” and therefore, can include non-signatories to the agreement.

 

[1] 2021 SCC OnLine SC 572.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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