Is An Arbitral Tribunal Permitted To Lift The Corporate Veil In An Arbitration Proceeding?

A. Introduction

The doctrine of corporate personality is one of the cardinal principles of company law. A company has a distinct legal personality from its shareholders, and this principle is known as the "corporate veil". However, in certain situations, courts are permitted to lift the corporate veil and determine the true nature of the party involved in a particular dispute. This principle of "lifting the corporate veil" has evolved over the years, and includes doctrines like "alter ego", "directing mind", etc.

This principle has also been accepted to be applicable in arbitrations, to the effect that courts have lifted the corporate veil and allowed non-signatories to an arbitration agreement to be impleaded as parties in an arbitration.¹ In the context of arbitrations, this has often been referred to as the "group of companies" doctrine. As per the said doctrine, a non-signatory may be bound by an arbitration agreement where the parent company, holding company,