Facts/Background:

• Avitel Post Studioz Limited, an Indian-incorporated company, was the parent company of the Avitel Group, holding the entire share capital of Avitel Holdings Limited and Avitel Post Studioz FZ LLC was the 1st Appellant.
• The second Appellant was the founder, Chairman, and Director of Avitel Post Studioz Limited, while the third and fourth Appellants were directors of the first Appellant.
• HSBC PI Holdings (Mauritius) Limited, a company incorporated under the laws of Mauritius, was the Respondent that invested USD 60 million in Avitel India under a Share Subscription Agreement and a Shareholders’ Agreement containing arbitration clauses and Singapore as a seat of Arbitration.
• HSBC alleged that the Appellants made fraudulent representations regarding the necessity of the investment to service a non-existent contract with the British Broadcasting Corporation, alleging misappropriation of funds and failure to disclose material information.
• On 11.05.2012, HSBC initiated arbitration seeking US $60 million in damages. Interim awards were rendered on 28-29.05.2012 and amended on 27.07.2012. The final award of 27.09.2014 directed the Appellants to pay damages for fraudulent misrepresentation.
• HSBC initiated enforcement proceedings in the Bombay High Court, where the appellants’ objections under Section 48 of the Arbitration and Conciliation Act, 1996, were rejected. The High Court upheld the enforcement of the award and directed attachment of the appellants’ assets.
• The appellants challenged the High Court’s order before the Supreme Court of India, raising objections to the enforcement of the foreign arbitral award, including claims of fraud and non-arbitrability under Indian law. The appeal also involves contempt proceedings for willful non-compliance with previous court directions.
  

Main Issue:

• Whether the enforcement of arbitral award can be refused on the ground of bias? (Paragraph 13)