• The Group of Companies Doctrine - Bone of Contention

    Editor(s):
    Nyaay Shastra (see profile)
    Date:
    2023
    Item Type:
    Article
    Permanent URL:
    https://doi.org/10.17613/0b27-8m83
    Abstract:
    The power conferred by Section 7 of the Arbitration & Conciliation Act 1996 ("the Act") is the primary element motivating parties to choose arbitration. Section 7 of the Act is based on the mutual consent of parties with a legal connection to refer to arbitration. Courts have construed Section 7 over time based on the interests of the parties, the circumstances, and the theories. The Group of Companies Doctrine ("the Doctrine") favours the concept of ‘single economic reality' over the doctrine of corporate personhood. It implies that the group entities have common transactions and intentions in arbitral proceedings, regardless of whether they are signatories to the Arbitration Agreement.
    Metadata:
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    Published as:
    Journal article     Show details
    Publisher:
    Nyaayshastra
    Journal:
    NYAAYSHASTRA LAW REVIEW
    Volume:
    4
    Issue:
    1
    ISSN:
    2582-8479
    Status:
    Published
    Last Updated:
    4 months ago
    License:
    All Rights Reserved

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