What is a non-signatory in arbitration?

What is a non-signatory in arbitration?

According to it a non-signatory can be bound by the arbitration agreement if the conduct of the parties evidences a clear intention about the same. Thus, the court/ tribunal can admit a non-signatory as a party when it is satisfied that the non-signatory is a necessary party to the contract.

Who is a non-signatory?

The key to binding a non-signatory party to the arbitration is to seek expressed or implied consent in any “group of companies” decision-making – an agreement of one company cannot be binding on another company due to its mere affiliation to the parent concern under the Group of Companies, implying the shareholders and …

Can a non-signatory compel arbitration?

U.S. Supreme Court Concludes That Non-Signatories to Arbitration Agreements Can Compel International Arbitration. Originally published on International Bar Association.

Can a non-signatory be bound by contract?

The doctrine provides that a non-signatory may be bound by an arbitration agreement where the parent company, holding company or a member of the group of companies is a signatory to the arbitration agreement and the non-signatory entity in the group has been engaged in the negotiation or performance of the commercial …

Can a non-signatory or confirming party be made party to the arbitration the position of non-signatory in an arbitration agreement?

A non-signatory to the arbitration agreement can become a party to the arbitration agreement by applying the “group of companies” principle. This principle in Indian jurisprudence was explained in Mahanagar Telephone Nigam Ltd.

Can a third party join arbitration proceedings?

Where a third party has a direct relationship to the party which is a signatory to the arbitration agreement, a direct commonality of the subject matter and where composite reference of such parties would serve the ends of justice, third parties may be joined to the arbitration.

Can a non signatory or confirming party be made party to the arbitration?

Can third party be Impleading in arbitration proceedings?

Further, a third party is impleaded under Civil Procedure Code, 1908 only in a situation wherein the dispute cannot be justly settled without the involvement of the third party. This power to pass any interim order, for justice and convenience, has been given to an arbitral tribunal under Section 17(1)(e).

Does estoppel apply in arbitration?

On appeal, the Court of Appeal reversed the decision and held that, as a matter of law, res judicata and issue estoppel can apply to arbitration awards.

What does it mean to compel arbitration?

Definition. A motion to compel arbitration is a request made to a court in a pending litigation matter to force a party to submit the dispute to arbitration.

Can a non-signatory or confirming party be made party to the arbitration?

Can non signatories be bound by arbitration?

Indian courts have regularly dealt with this issue and have largely portrayed a general consensus that non-signatories may be bound by an arbitration agreement if the circumstances demonstrate that it was the mutual intention of all parties to bind signatories as well as non-signatories.

Can a non-signatory not sign the arbitration agreement?

Does not, by definition, a non-signatory not sign the arbitration agreement (e.g., in alter ego, group of companies, estoppel, merger, and third-party beneficiary contexts)? What theory can you articulate for why Article II’s form requirement would be satisfied in each of these contexts?

What is the competence of Arbitrators under national arbitration statutes?

(b) Arbitrators’ competence to consider identity of parties to arbitration agreement under national arbitration statutes. As discussed above, most arbitration statutes address the allocation of competence between courts and arbitrators to decide disputes over the validity and interpretation of arbitration agreements. See supra pp. 272 – 84.

Are findings in an ICC arbitration award made without jurisdiction?

MR. J USTICE L ANGLEY. The claimant (“Peterson”) seeks a declaration that certain findings in an ICC Arbitration Award were made without jurisdiction. The application is made under §67 of the Arbitration Act 1996.

Can arbitrators consider identity of parties to arbitration agreement?

(c) Court decisions holding that arbitrators can consider identity of parties to arbitration agreement. In Builders Federal, the court upheld an arbitrator’s power to decide, subject to subsequent judicial review, what parties are bound by an arbitration clause. Consider the court’s reasoning.