Unraveling The Complexity: Exploring The Doctrine Of Group Of Companies In Indian Law
- IJLLR Journal
- Mar 29, 2024
- 1 min read
Aryan Singh, Dr. D.Y. Patil Law College, Pune
Ishita Jaiswal, Dr. D.Y. Patil Law College, Pune
ABSTRACT:
This article delves into the Group of Companies Doctrine, a legal principle essential in arbitration law, which recognizes the interconnectedness of corporate entities within a group. Beginning with its origins in French jurisprudence and subsequent evolution globally, the article examines its adoption and development in India's legal landscape, particularly through landmark Supreme Court rulings.
Highlighting the tension between party autonomy and the doctrine's application to non-signatory parties, the article navigates through the complexities of corporate structures and contractual consent. It analyzes recent pronouncements by the Constitutional Bench, providing clarity on criteria for binding non-signatories and addressing referral stage obstacles.
Emphasizing a balanced approach that respects both legal principles and commercial realities, the article underscores the doctrine's role in promoting fairness and efficiency in dispute resolution. It concludes by advocating for continued dialogue and engagement to refine and strengthen the doctrine in line with evolving business needs while upholding principles of justice and fairness in arbitration.
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