non-signatory parties Archives

Group of Companies Doctrine bind Non-Signatory

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court 5-Judge Bench Ruling on Group of Companies Doctrine: What You Need to Know

“Even though a subsidiary derives interests or benefits from a contract entered into by the company within a group, they would not be covered under the expression “claiming through or under” merely on the basis that it shares a legal or commercial relationship with the parties.”

Case Briefs Supreme Court

Group of Companies Doctrine applicable in Indian Arbitration Jurisprudence; Can bind non-signatory parties to Arbitration Agreement: Supreme Court 5 Judge Bench

“The approach in Chloro Controls India Private Limited v. Severn Trent Water Purification, (2013) 1 SCC 641 to the extent that it traces the group of companies doctrine to the phrase ‘claiming through or under’ as given under Section 8 of the Arbitration Act was erroneous and against the well settled principles of contract in commercial law”.