THE LORD CHIEF JUSTICE:

1. This is an appeal against the order of Gloster J, dated 18 July 2005, setting aside an order made in the Commercial Court by Thomas LJ, dated 15 August 2003, granting permission under section 101(2) of the Arbitration Act 1996 for enforcement of an arbitral award in favour of the appellants made by a sole arbitrator, Mr Justice Chandrachud, a former Chief Justice of India, in Mumbai, India, dated 5 April 2003, under the rules of the Indian Council for Arbitration (the "ICA"). It is brought with permission granted by Longmore LJ.

2. The appellants were named as the first, second and third claimants in the arbitration. The two companies are incorporated under the laws of India.

3. The sole respondent to this appeal, Mr Guinness, was one of the two respondents in the arbitration, and the first defendant to the claim to enforce the arbitral award. The second defendant to that claim, Corporate Partnerships Ltd ("CPL"), was the second respondent in the arbitration. It has not sought to challenge enforcement of the award. CPL is a United Kingdom company, of which Mr Guinness is the major shareholder.

4. The case arises out of a business agreement dated 4 October 1999, which agreement includes an arbitration agreement. Mr Kanoria, Mr Guinness, Kanoria Information Technology and Systems Ltd (which later changed its name to eSols Worldwide Ltd) and CPL were parties to this agreement. It was governed by Indian law.