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Jun 30, 2022

SC Holds that Non-Signatory Company will be Bound by Arbitration Agreement if it is Alter Ego of Company which Executed Agreement

The SC in Oil and Natural Gas Corporation Limited v. Discovery Enterprises Pvt. Ltd. & Anr.[1], held that a non-signatory company within a group of companies can be bound by an arbitration agreement. The SC, while deciding on a challenge to an interim award passed by the arbitrator held that a non-signatory party / company may be tied to the agreement to arbitrate if it is an alter ego of a party which executed the agreement. The Court observed that although consent and party autonomy are enshrined in Section 7 of the Arbitration Act, it does not exclude the possibility of an arbitration agreement binding a third-party.

 

[1] Oil and Natural Gas Corporation Limited v. Discovery Enterprises Pvt. Ltd. & Anr., Civil Appeal No. 2042 of 2022 (SC).

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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