Disclosure or Attachment of Assets Cannot Be Ordered Against Non-Party to Arbitral Award: Bombay High Court

In a significant ruling dated July 2025, the Bombay High Court, through Justice Somasekhar Sundaresan, has held that a foreign arbitral award passed under Part II of the Arbitration and Conciliation Act, 1996 cannot be enforced against a person who was not a party to the arbitration agreement or proceedings. The Court declared that coercive measures like asset disclosure against such a person would be without jurisdiction and hence unenforceable.…