An Analytic Study On Group Of Companies Doctrine: An Indian Perspective
Narri Aashritha, Symbiosis Law School, Pune
Vartica Sinha, Symbiosis Law School, Pune
ABSTRACT
This essay investigates the Group of Companies (GoC) theory in arbitration, concentrating on how it conflicts with the fundamental principles of consent and party autonomy. While arbitration has typically only been binding on signatories, the GoC doctrine allows for the expansion of non-signatories in certain instances, particularly within corporations. The paper critically examines its evolution across jurisdictions, emphasizing disparities in approaches in France, Switzerland, the United Kingdom and Singapore. It also assesses its selective and changing use in Indian law, particularly in light of key decisions like Chloro Controls and Cox and Kings. The article advocates for doctrinal restraint, proposing a consent-based framework to ensure legal certainty and coherence in international arbitration.
Keywords: Group of companies, Arbitration, Non-signatory and Party Autonomy.
