Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Direction Of Disclosure Or Attachment Of Assets Cannot Be Passed Against A Person Who Is Not A Party To The Arbitral Award: Bombay HC
The Bombay High Court has ruled that a foreign arbitral award cannot be enforced against a person who was not a party to the arbitration proceedings. This decision clarifies the scope of enforceability of foreign awards under Indian law. The court emphasized that enforcement actions, such as disclosure or attachment of assets, can only be directed against entities that were directly involved in the arbitration and against whom the award was made, upholding the principle of contractual privity in arbitration enforcement.