Beyond Signatures: Joinder Of Non-Signatories Under Indian Arbitration Law

I. Introduction

One of the cardinal principles of arbitration is the autonomy of parties and the requirement of their consent, premised upon the doctrine of consensus ad idem. The "Group of Companies" doctrine ("GCD") mandates binding a 'group company', which is an affiliate within a network of entities under the control and management of the parent company, to the arbitration process, if an intention to include that company can be determined. By virtue of the GCD, the conduct, performance and contractual undertakings of one entity within such a corporate group may be factored in to ascertain whether there is an intention on the part of that entity, or a common intention of the group, to bind itself to the arbitration.