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The International Court of ARBITRATION


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5 April 2024

Calcutta High Court Upholds $110 Million ICC Arbitration Award in Favour of UpHealth Holdings, Inc.

On April 12, 2024, the Calcutta High Court upheld UpHealth's rights in a post-award Section 9 petition, reinforcing the integrity of international commercial arbitration. The court has issued interim measures to protect an arbitration Award from a location outside India, even prior to the submission of the enforcement petition.

The court highlighted the significant role played by the conduct of the award debtors in granting these interim reliefs post-award. Additionally, it emphasized the importance of securing the award by stating that "ordinarily, every debtor or potential debtor ought to be ready and willing to furnish such information at the post-award stage."

The Calcutta High Court has reinforced the International Court of Arbitration's prior decision, affirming UpHealth Holdings, Inc.'s entitlement to a $110 million award against Glocal directors and other parties. The court condemned the respondents' actions as "dishonest and fraudulent," emphasizing the need for full disclosure of assets and liabilities.

The court has granted comprehensive interim directions, requiring the award debtors to provide affidavits of assets (tangible, intangible, intellectual), properties, and bank accounts, as well as affidavits of liabilities, litigation, and total financial exposure. This is to assess whether the award debtors are capable of honoring the award in the event of a successful enforcement action by UpHealth.

  • Affidavits required: Tangible, intangible, and intellectual assets, properties, and bank accounts; liabilities, litigation, and total financial exposure.
  • ICC's Final Award: $110 million, with $29.5 million immediately enforceable.
  • The High Court's ruling validates the enforceability of the ICC's arbitration award, dismissing objections raised by the respondents. It underscores the importance of upholding contractual obligations and preserving the integrity of international commercial agreements.

Regarding the respondents' conduct, the High Court remarked, "[T]he conduct of the respondents to say the least is prima facie dishonest and fraudulent." It held all respondents, including Damodaran, accountable for contractual breaches and warned against attempts to dissipate assets to evade the award, reflecting the court's commitment to upholding justice and fairness.

The court's decision signifies a landmark victory for UpHealth Holdings, Inc., setting a strong precedent for the protection of intellectual property rights and ensuring fair compensation for breaches. Upholding the principles of justice and fairness, the ruling reaffirms the trustworthiness of legal systems in safeguarding the interests of businesses and individuals alike.