INDIA 6 December 2023 Cox

Supreme Court of India, 6 December 2023

(Cox and Kings Ltd v. SAP India Pvt Ltd. & Anr)

06 - 12 - 2023

INDIA 6 December 2023 Cox

Jurisdiction India
Summary

The Constitution Bench of the Supreme Court clarified the Indian approach to the application of the “group of companies” theory in respect of the issue whether a nonsignatory is bound to the arbitration agreement in a contract. Indicating the relevant factors to be taken into account, the Court concluded that a nonsignatory is bound when its involvement in the relationship underlying the dispute is such as to make the parties believe that the nonsignatory is a party. The Court also held that, at the stage where referral of the dispute to arbitration is sought, the referral court should leave it for the arbitral tribunal to decide whether a nonsignatory is bound by the arbitration agreement. By this decision, the Court overruled the approach taken in Chloro Controls (INDIA 49) in 2012, which it deemed to be erroneous.

Related topics
226

Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
INDIA 6 December 2023 Cox