Joinder Of Non-Signatories In International Commercial Arbitrations

I. Introduction

Arbitration as a form of dispute resolution mechanism is again on a rise in the country over the last few years due to introduction of several key features inter alia minimum judicial intervention,¹ recognition and enforceability of arbitral awards,² speedy disposal of disputes,³ and ensuring maximum party autonomy.⁴ Arbitration is based on consent of the parties who enter into an agreement waiving each side's right to invoke the jurisdiction of otherwise competent courts.⁵ Arbitration is governed by an agreement entered into between the parties in writing as it leads parties from their respective national courts to a quasi-judicial or private body which is vested with an authority to decide the dispute. More importantly, such an agreement is fundamental in initiating and conducting arbitration proceedings as it sets out the rules and procedure governing the arbitration and also the type of disputes which will be referred to arbitration.⁶