Paper Title
In the Shadows of Signatures: Non-Signatories and Arbitration's Evolution
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Authors
Sruthi R
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Abstract
Over the past years, many commercial disputes have often preferred arbitration over "traditional" dispute resolution mechanisms. While it is often deemed a swifter process, it is not without its loopholes. One of which is the question as to whether non-signatories who are parties to a dispute can be included in the arbitration when multiple agreements are involved. Section 8 of the Arbitration and Conciliation Act,1996 states that consent is a pre-requisite for including parties to an arbitration. However, the phrase "person claiming through or under" in section 45 lies at the centre of the debate since it creates a level of ambiguity in the matter. This question was answered in the 2023 judgment delivered by a five-judge bench. This article traces the stance of the Indian and International courts in this issue by looking at past judgments and also diving into the interpretation put forth in the case of Cox and Kings ltd. v SAP India (p) ltd.
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"In the Shadows of Signatures: Non-Signatories and Arbitration's Evolution", IJNRD - INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (www.IJNRD.org), ISSN:2456-4184, Vol.8, Issue 12, page no.d29-d35, December-2023, Available :https://ijnrd.org/papers/IJNRD2312303.pdf
Issue
Volume 8 Issue 12, December-2023
Pages : d29-d35
Other Publication Details
Paper Reg. ID: IJNRD_210600
Published Paper Id: IJNRD2312303
Downloads: 000121111
Research Area: Other
Country: Thanjavur, Tamilnadu, India
Published Paper PDF: https://ijnrd.org/papers/IJNRD2312303.pdf
Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2312303
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Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)
ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
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