Arbitration Law: Supreme Court Upholds ‘Group Of Companies’ Doctrine ...Middle East

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Arbitration Law: Supreme Court Upholds ‘Group Of Companies’ Doctrine
The underlying basis for the application of the group of companies’ doctrine rests on maintaining the corporate separateness of the group of companies while simultaneously determining the common intention of the parties to bind the non-signatory to the arbitration agreement, the court observed. It said the conduct of the non-signatory party could be an indicator of their consent to be bound by the arbitration agreement. The apex court laid down the application of this doctrine. It said that to apply this doctrine, the courts and tribunals will have to consider various cumulative factors in a case and that the concept of a single-economic unit cannot be the sole basis for invoking the grou

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