Cox and Kings Archives

Article 227 challenge to Section 16 application

Article 227 cannot be invoked to challenge Arbitral Tribunal’s rejection of Section 16 application; Remedy lies under Section 34 after final award: Supreme Court

Reiterating the legislative policy of minimal judicial interference in arbitral proceedings, the Court observed that interference under Article 227 is warranted only in rare cases involving a patent lack of inherent jurisdiction that is apparent on the face of the record

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court 5-Judge Bench considers the existence of Doctrine of Group of Companies in Indian jurisprudence vis-à-vis Arbitration Act

Group of Companies Doctrine- an Arbitration Agreement entered into by a Company within a group of Companies can bind its non-signatory affiliates, if the circumstances demonstrate that the mutual intention of parties was to bind signatory as well as the non-signatory parties.

Op Eds OP. ED.

Cox and Kings and the “Group of Companies” Conundrum

by Priyanshu Shrivastava† and Fatema Kinkhabwala††