VidhiSangh

Supreme Court of India · 04/03/2024

AVITEL POST STUDIOZ LIMITED & ORS. versus HSBC PI HOLDINGS (MAURITIUS) LIMITED (PREVIOUSLY NAMED HPEIF HOLDINGS 1 LIMITED)

[2024] 3 S.C.R. 971 · 2024 INSC 242

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Bias may fall within the public-policy exception to enforcement of a foreign award, but only under a narrow, internationally oriented standard and in exceptional cases. The alleged connections of the presiding arbitrator with companies outside the award holder’s corporate group did not establish bias or a disclosure failure.

Issues

  1. May arbitral bias be raised as a public-policy ground to resist enforcement of a foreign award under Section 48(2)(b)?
  2. Did the presiding arbitrator’s directorships and the alleged corporate relationships require disclosure or establish bias?

Provisions considered

Held

Result

Appeals dismissed; the High Court’s order permitting enforcement and execution of the foreign award was affirmed. Early enforcement was directed without further indulgence to the award debtors.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 971.