Vuélvete ilimitado con Magzter GOLD

Vuélvete ilimitado con Magzter GOLD

Obtenga acceso ilimitado a más de 9000 revistas, periódicos e historias Premium por solo

$149.99
 
$74.99/Año

Intentar ORO - Gratis

IMPLEADING NON-SIGNATORIES TO AN ARBITRATION AGREEMENT BY THE ARBITRATORAN EVOLVING SUBJECT

UNIQUE TIMES

|

May -June 2025

In this article, I intend to share my thoughts on a recent judgment of the Hon'ble Supreme Court in the case of ASF Buildtech Pvt Limited Vs Shapoorji Pallonji and Company Private Limited [LSI-488-SC-2025-(NDEL)] where the Hon’ble Supreme Court upheld the power of the Arbitrator to implead a non-signatory.

IMPLEADING NON-SIGNATORIES TO AN ARBITRATION AGREEMENT BY THE ARBITRATORAN EVOLVING SUBJECT

This view is in harmony with the overall mandate that for Arbitration to remain a viable and effective alternative dispute resolution mechanism, it is imperative to ensure that commercial reality does not outgrow this mechanism. Furthermore, there is no gainsay in reiterating that the mechanisms of arbitration must be sufficiently elastic to accommodate the complexities of multi-party and multi-contract arrangements without compromising foundational principles such as consent and party autonomy. Moreover, it is not a settled proposition in jurisprudence that the approach of Courts and Tribunals must be responsive to the emerging commercial practices and expectations of the parties who submit themselves to it.

The Hon'ble Court, without mincing words, was pleased to hold as follows:

“We are of the considered opinion, that recognition of the power of joinder or impleadment of a nonsignatory by an arbitral tribunal is a necessary intendment of the express provisions of Section(s) 2(1)(h) and 7 and the overall scheme and object of the Act, 1996 as well as the fundamental cannons of the law of arbitration of providing an effective alternative dispute resolution mechanism.”

1. Tracing back into time

The Hon’ble Supreme Court in the landmark judgment in the case of Chloro Controls India Private Limited Vs Severn Trent Water Purification Inc (2013)1 SCC 641 was called upon to determine an arbitration reference in case of multi-party agreements where performance of the ancillary agreements was substantially dependent upon effective execution of the principal agreement. The Hon'ble Court held that in exceptional cases involving composite transactions with multi-party agreements, a non-signatory could be subjected to arbitration by virtue of the 'group of companies' doctrine, provided there was a clear intention of the parties to bind both the signatory as well as non-signatory parties to the arbitration agreement.

MÁS HISTORIAS DE UNIQUE TIMES

UNIQUE TIMES

UNIQUE TIMES

PATRIOTIC INDIA @ 2047: BUILDING CITIZENS OF UNSHAKEABLE CHARACTER

To achieve a strong, self-respecting nation by 2047, the focus must shift from merely celebrating freedom to rigorously cultivating \"Freedom Keepers\"—citizens whose loyalty to the nation and its ethical framework (Dharma) supersedes personal gain. This requires a complete overhaul of the civic and value education system, starting at the earliest stages of schooling.

time to read

3 mins

October - November 2025

UNIQUE TIMES

UNIQUE TIMES

ASIA'S FINAL WORD: SPOKEN IN BLUE

Team India go full throttle maintaining a clean slate to emerge as the winners of ASIA CUP 2025.

time to read

4 mins

October - November 2025

UNIQUE TIMES

UNIQUE TIMES

VARIOUS STAGES OF MEMORY FORMATION AND STORAGE

Memory is the process in which the mind interprets, stores, and retrieves information. Memory serves human beings in many complex ways.

time to read

4 mins

October - November 2025

UNIQUE TIMES

UNIQUE TIMES

JOURNEY FROM FILMS TO VEDAS

Durrani's approach was revolutionary. He chose to render the Samaveda not only in Hindi, the most widely spoken language in India, but also in Urdu, a language often associated with Islamic culture.

time to read

9 mins

October - November 2025

UNIQUE TIMES

UNIQUE TIMES

THE SELF: WHERE PROFESSIONALISATION BEGINS

A family business in Kerala had been thriving for two generations.

time to read

3 mins

October - November 2025

UNIQUE TIMES

UNIQUE TIMES

EA in $50 Billion Buyout Talks

Electronic Arts (NASDAQ: EA), the publisher behind hit franchises like FC and Battlefield, is reportedly in advanced talks to go private in a deal valued at about $50 billion, which would be the largest leveraged buyout in history.

time to read

1 min

October - November 2025

UNIQUE TIMES

UNIQUE TIMES

PUMPKIN GLOW: NATURE'S SECRET TO SMOOTH, RADIANT SKIN

When we think of pumpkins, the first image that comes to mind is often a cosy bowl of soup, a spiced latte, or perhaps even Halloween decorations.

time to read

2 mins

October - November 2025

UNIQUE TIMES

UNIQUE TIMES

A DECADE OF EXCELLENCE: MANAPPURAM VPN IBE AWARDS 2025

In a world where genuine gestures of gratitude are rare, Dr. Ajit Ravi has consistently demonstrated the power of acknowledgment.

time to read

2 mins

October - November 2025

UNIQUE TIMES

UNIQUE TIMES

NDB Plans First Rupee Bond Issuance in India by March 2026

The BRICS-backed New Development Bank (NDB) is set to launch its first Indian rupee-denominated bond in the domestic market before March 2026, aiming to raise $400-500 million through 3-5 year bonds.

time to read

1 min

October - November 2025

UNIQUE TIMES

UNIQUE TIMES

THE ENTREPRENEUR'S ODYSSEY

Entrepreneurship has always been glorified as freedom, innovation, and daring to dream. Yet anyone who has walked its path knows that the image painted by society and the media is a half-truth at best.

time to read

5 mins

October - November 2025

Listen

Translate

Share

-
+

Change font size