In Brief
Integrated Sales Services Ltd, a Hong Kong-based company, obtained a foreign arbitral award against Indian companies DMC, Gemini Bay Consulting, and others for breaching a representation agreement by diverting business and avoiding commission payments. The arbitrator applied the alter ego doctrine under Delaware law to bind non-signatories like Gemini Bay Transcription Pvt. Ltd. On enforcement, the Supreme Court upheld the award, holding that non-signatories can be bound under applicable substantive law; Section 48 grounds for refusing enforcement do not cover non-signatory status; tort claims sufficiently connected to contracts are arbitrable; and poor reasoning or damages based on reasonable estimation do not vitiate awards under the pro-enforcement New York Convention framework.
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