Two’s Company, Three’s A Crowd: Revisiting the Group of Companies Doctrine

The use of the group of companies doctrine in India to join non-signatories to arbitration is an interesting but underexplored topic. First, since its adoption in 2012, Indian courts have either: (i) applied the doctrine in conjunction with other doctrines including alter ego and piercing of the corporate veil, or (ii) focussed on specific elements of the doctrine, ignoring others. Second, the factual assessment done by Indian courts to apply the doctrine presents another set of problems on account of the tenuous connections often used to determine mutual intent. Thus, the application of the doctrine has resulted in a muddled jurisprudence.

Please click here to read the full article by Anjali Anchayil and Tamoghna Goswami.