Enforcement of foreign arbitral awards and contractual rights in India

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By: Sharanya Ranga and Neil Lopez

Contract enforcement through speedy dispute resolution has always been one of the biggest concerns for the business community in India, particularly foreign investors. The recent judgments of the Delhi High Court (HC) in the high profile Tata-Docomo case[1] and that of the Cruz City-Unitech case[2] touching upon enforcement of foreign arbitral awards and contractual obligations, have helped boost investor confidence. We briefly discuss these two judgments and their larger impact on foreign investment.

Can a non- signatory be a party to arbitration?

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By: Ramesh Vaidyanathan and Sayeli Mehra

The Delhi High Court answered this question recently with an emphatic ‘No’ in the case of Sudhir Gopi vs. Indira Gandhi National Open University & Ors. (“IGNOU”) and clarified that an arbitral tribunal does not have the power to lift the corporate veil to bind a non-signatory to an arbitration proceeding, except where a corporate form has been used for an unlawful purpose or to perpetuate a fraud.