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Supreme Court of India 2023-07-05 dismissed

ARUN DEV UPADHYAYA vs INTEGRATED SALES SERVICE

Bench: 2 — B.R. Gavai, Vikram Nath

In Brief

This case involved a dispute arising from a representation agreement between DMC and Integrated Sales Service Ltd. An arbitrator under American Arbitration Association rules awarded US$6,948,100 against DMC and two non-signatory individuals/entities, finding they had colluded. When enforcement was sought in India, disputes arose about whether the foreign award could bind non-signatories. After the Supreme Court upheld enforceability in its prior judgment, the Review Petitioner sought review. The Court dismissed the review petition, holding that the scope of review under Order XLVII Rule 1 CPC is strictly limited to errors apparent on the face of the record, and that re-arguing points already decided is not a valid ground for review.

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Civil Procedure Arbitration and Conciliation Review Jurisdiction Foreign Awards Enforcement of Awards Piercing the Corporate Veil Non-Signatory Parties Error Apparent on Face of Record

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