Doctrine of Group of Companies Archives

supreme court constitution bench april 2023

Supreme Court Constitution/5-Judge Bench Roundup | The momentous same-sex marriage hearing dominates the month of April 2023; Big ruling on unstamped arbitration agreement

Don’t miss out on the 5-Judge Bench verdict pertaining to non-admissibility of an unstamped arbitration agreement and Constitution Bench hearing pertaining to the petitions seeking legal recognition of same sex marriage under several Acts, including the SMA, 1954, the FMA, 1969 and HMA, 1955.

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.

Case Briefs High Courts

Non-signatory parties can be subjected to arbitration in accordance with Doctrine of Group of Companies: Delhi High Court

Delhi High Court held that non-signatory or third party could be subjected to arbitration proceedings without their prior consent. It was necessary to examine the touchstone of direct relationship of signatory parties to the arbitration agreement, forming part of a composite transaction.