JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

This judgment has been divided into sections to facilitate analysis. These are:

A Facts

A.1. Transferred cases arising out of the arbitration

B Submissions of Counsel

C Analysis

C.1. Group of Companies Doctrine

C.2. Standard for Review of the Interim Arbitral Award

D Conclusion

A Facts

1. The appeal arises from a judgment dated 27 June 2012 of the High Court of Judicature at Bombay by which an appeal under Section 37 of the Arbitration and Conciliation Act, 1996¹["Act of 1996"] has been dismissed. Oil & Natural Gas Corporation Limited ²["ONGC'] instituted an appeal against an interim award dated 27 October 2010³ ["interim award"] of the Arbitral Tribunal holding that the second respondent - Jindal Drilling and Industries Limited⁴ ["JDIL" or the "second respondent"] was not a party to the arbitration agreement and must be deleted from the array of parties. The interim award was challenged in an appeal which was dismissed by the impugned judgment.

2. On 22 March 2006, ONGC awarded a contract to Discovery Enterprises Private Limited⁵ ["DEPL"], the fi