Prudeta
Prudeta
2023 INSC 1051
📌 Paras 1-3
This case involves a reference to a larger bench of the Supreme Court of India concerning the validity and application of the "Group of Companies" doctrine in Indian arbitration law. The doctrine allows an arbitration agreement signed by one company within a group to bind non-signatory affiliates if circumstances demonstrate a mutual intention to be bound. A three-judge bench expressed doubts about the doctrine's reliance on "claiming through or under" in the Arbitration Act and its potential conflict with principles of party autonomy and separate legal personality.
📌 Para 1
Whether the "Group of Companies" doctrine, as applied in Indian arbitration law, is valid and can bind non-signatory entities to an arbitration agree
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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