Ananya Misra, LL.M., Symbiosis Law School Pune & Dr Bindu Ronald, Professor at Symbiosis Law School, Pune
ABSTRACT
The group of companies doctrine evolved in France originally but it has now spread across the world in different jurisdictions. Some jurisdictions have a positive opinion of the doctrine and others have a negative opinion on the same. The reason there are jurisdictions that do not agree to the applicability of the doctrine is because it raises doubts about some fundamental principles of arbitration like that of consent and party autonomy. The purpose of this paper is to assess the approach taken by different jurisdictions, both positive and negative and to establish the fact that this doctrine being against the fundamentals of arbitration should be done away with in India
