Avitel Post Studioz Ltd. and Ors. v. HSBC PI Holdings (Mauritius) Ltd. - (High Court of Bombay) (28 Sep 2015)
Avitel’s petition against arbitral award dismissed
The Bombay High Court dismissed Avitel Post Studioz’ petition under the Arbitration and Conciliation Act, 1996 against arbitral awards passed in 2012 and 2014. It found no ambiguity in the agreement entered into between Avitel and HSBC which excluded the Act, 1996, save for one provision. Reiterating the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the court determined the awards to be challengeable in Singapore, seat of the arbitrators.
Relevant : Sumitomo Heavy Industries Ltd. Vs. ONGC Ltd. MANU/SC/0834/1998
Bharat Aluminium Company Vs. Kaiser Aluminum Technical Services Inc.MANU/SC/0722/2012
Tags : ARBITRATION SEAT CHALLENGE EXCLUDE JURISDICTION