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Case Law Details

Case Name : Cox And Kings Limited Vs Sap India Private Limited (Supreme Court of India)
Appeal Number : Arbitration Petition (Civil) No. 38 of 2020
Date of Judgement/Order : 06/05/2022
Related Assessment Year :
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Cox And Kings Limited Vs Sap India Private Limited (Supreme Court of India)

Supreme Court referred following aspects of application of doctrine of ‘Group of Companies’, which is mostly utilised to bind non-signatories to an Arbitration Agreement, to a larger Bench for relook-

A. Whether the Group of Companies Doctrine should be read into Section 8 of the Act or whether it can exist in Indian jurisprudence independent of any statutory provision?

B. Whether the Group of Companies Doctrine should continue to be invoked on the basis of the principle of ‘single economic reality’?

C. Whether the Group of Companies Doctrine should be construed as a means of interpreting the implied consent or intent to arbitrate between the parties?

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