Student at Faculty of Law, Subharti University, Meerut, India
The complex world of arbitration agreements and non-signatories' roles within Indian law are examined in this essay. Based on the 1996 Arbitration and Conciliation Act, the discussion works its way through statutes, important precedents, and developing legal theory to disentangle the nuances of this problem. In order to comprehend the dynamics of including non-signatories in arbitration proceedings, key concepts like privity of contract, the group of companies doctrine, agency relationships, and third-party beneficiary rights are closely examined. Furthermore, the limits of arbitration's applicability are explored through the analysis of ideas such as estoppel, corporate veil piercing, and the arbitrability of disputes involving assignees. The essay highlights the dynamic nature of arbitration law and its consequences for upcoming legal practitioners by drawing on significant Indian court rulings and global arbitration practices. Understanding the complexities of arbitration agreements and the difficulties presented by non-signatories is essential as the legal landscape changes. This sophisticated understanding informs both the direction of arbitration procedures and legal discourse by aligning with the modern legal environment's quest of justice and equity.
Article
International Journal of Legal Science and Innovation, Volume 6, Issue 5, Page 355 - 359
DOI: https://doij.org/10.10000/IJLSI.112240This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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