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INDIA 19 August 2020 Avitel
Supreme Court of India, 19 August 2020
(Avitel Post Studioz Limited & Ors. v. HSBC PI Holdings (Mauritius) Limited and HSBC PI Holdings (Mauritius Limited) v. Avitel Post Studioz Limited & Ors.)
INDIA 19 August 2020 Avitel
This case arose out of an application for interim measures, where the Court was faced with the issue of whether HSBC had a prima facie case for enforcement of the award in India since allegations of fraud had been made in the arbitral proceedings. The Court laid down the test for non-arbitrability in case of "serious allegations of fraud".
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.