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Ivrcl Limited vs Gujarat State Petroleum Corporation ... on 13 October, 2015 cites

Sukanya Holdings Pvt. Ltd vs Jayesh H. Pandya & Anr on 14 April, 2003

8. Counsel relied on decisions of the Supreme Court in case of S.N.Prasad, Hitek Industries (Bihar) Limited Vs. Monnet Finance Limited & Ors., reported in (2011) 1 SCC, page No.320 and in case of Sukanya Holdings (P) Ltd. Vs. Jayesh H.Pandya & Anr., reported in (2003) 5 SCC, page No.531 in support of his contention that the appellant, not being a signatory to the arbitral agreement, cannot be joined in the arbitral proceedings.
Supreme Court of India Cites 8 - Cited by 493 - Full Document

Chloro Controls(I) P.Ltd vs Severn Trent Water Purification Inc ... on 28 September, 2012

13. It is no longer res integra that in given set of circumstances, even a non-signatory to an arbitral agreement can be subjected to arbitration proceedings. Such instances may be rare and may arise in special facts Page 29 of 46 HC-NIC Page 29 of 46 Created On Fri Oct 16 01:26:02 IST 2015 C/FA/1714/2015 JUDGMENT of the case and would ordinarily provide an exception to the normal rule, that only a signatory to the arbitral proceedings can be compelled to submit to the jurisdiction of the arbitral tribunal. Nevertheless, instances have been recognized by Courts where either on the ground of piercing corporate veil as one entity found to be the alter ego of the other or some such similar ground, even a non-signatory entity to an arbitration agreement is allowed to be joined in the arbitration proceedings. As noted, in case of Chloro Controls (I) P. Ltd. (supra), the law on the point was discussed at length by 3 Judge Bench of the Supreme Court and it was concluded that various legal basis may be applied to bind a non-signatory to an arbitration agreement. Such instances would be of that of implied consent, third party beneficiaries, guarantors, assignment and other transfer mechanisms of contractual rights. Such theory relies on the discernible intentions of the parties and to a large extent, on good faith principle. The second stream of cases would be included in the legal doctrines of agent-principal relations, apparent authority, piercing of veil, joint venture relations, succession and estoppel. It was observed that this principle does not rely on the parties' intention but rather on the force of the applicable law. It would therefore be futile to argue that in no case, a non-signatory to an Page 30 of 46 HC-NIC Page 30 of 46 Created On Fri Oct 16 01:26:02 IST 2015 C/FA/1714/2015 JUDGMENT arbitration agreement can be compelled to submit to the jurisdiction of the arbitral tribunal so validly constituted. Whether in the present case, facts are such that any of the principles cited above or any other recognized by judicial precedent would apply or not is neither possible nor proper on our part to comment upon. Entire issue is pending before the appropriate forum. We would therefore not be justified in allowing the appeal and vacating the injunction only on this ground.
Supreme Court of India Cites 30 - Cited by 266 - S Kumar - Full Document
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