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Arbitration has become a key negotiation point for companies before the execution of any agreement. With the Hon'ble Supreme Court's recent judgment on the group of companies' doctrine, there has been an expansion in the applicability of the arbitration clause in an agreement to companies other than the signatories (including their subsidiaries and holding companies). There is, therefore, a need to critically analyse the judgment to identify the scope of such expansion, as it would have far-reaching effects on the negotiations conducted prior to execution of an agreement.
In this podcast, our Principal Associate, Suvaaankoor Das discusses about group of companies' doctrine and the effect of the Hon'ble Supreme Court's judgment in Cox and Kings Ltd. vs. SAP India Pvt. Ltd. along with the way forward for the pre-dispute stage, i.e., negotiations of the agreement and the post-dispute stage, i.e., prior to and during the arbitral proceedings.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
