Daiichi Sankyo: Delhi HC says can't attach out-of-jurisdiction properties even for foreign arbitral award enforcement

The Delhi High Court has ruled that it cannot directly attach properties outside its territorial jurisdiction, even when enforcing a foreign arbitral award against a company's promoters. This significant ruling came in a long-standing case involving Daiichi Sankyo and the former Ranbaxy promoters, Malvinder and Shivinder Singh. The court clarified that while it serves as the executing court for the award, it must adhere to the provisions of the Code of Civil Procedure (CPC). Therefore, any property located in another state must be handled by the court with competent territorial jurisdiction. The Delhi High Court can, at most, issue a precept to the relevant local court to initiate the attachment process.