4 March 2021| Ahlcon Parenterals Ltd. v. Scan Biotech Ltd. | OMP (Comm) 91/2021 & I.A. No. 3301/2021 & I.A. No. 3302/2021 | Vibhu Bakhru J

The arbitrator allowed some claim made against two sister companies located abroad but disallowed some. It acknowledged that it had the power to pierce the corporate veil but refused to do so on facts, saying mainly that the foreign companies were non-signatories and non-parties.

Affirming the award, the High Court ruled that though the material linking all companies was not insubstantial, the set-aside court was not an appellate court that could reappreciate evidence and supplant its opinion. Thus, even if a different conclusion than the tribunal was plausible, it was not a ground to interfere. Further, there was no patent illegality on the face of the award, nor was it against the fundamental policy of Indian law.

Access the judgment here.