Chloro Controls(I) P.Ltd vs Severn Trent Water Purification Inc ... on 28 September, 2012
signatory
affiliates, if the circumstances demonstrate that the mutual
intention of the parties was to bind both the signatory as well
as the non-signatory ... non-
signatory affiliates, if the circumstances are such as to demonstrate the mutual
intention of the parties to bind both signatories and non-signatories
into the agreement, would alone be bound by it.
10.3. A non-signatory can be bound by an arbitration agreement
on the basis ... parties to bind both the signatory as well as the
non-signatory parties.
Courts and tribunals have invoked this doctrine to join
a non-signatory
also is a constituent. The legal position
as to when a nonsignatory to an arbitration agreement can be
impleaded and subjected to arbitration proceedings ... group of corporate entities, can, in certain
circumstances, bind its nonsignatory affiliates. That
exposition has been followed and applied by another three
applicable law; and
2) The jurisdiction of this tribunal over non-signatory parties;
and
3) Whether facts warrant piercing the corporate veil of
certain corporations ... Whether certain non-signatory parties to the original
agreement should be excluded from this arbitration.
Only ISS and DMC filed briefs. DMC's brief
arbitration can be invoked even against the non
signatories, if the circumstances demonstrate that it
was the mutual intention of the parties.
iv. There ... signatory” to the
arbitration agreement. In appropriate
contexts, a “party” means not just a
signatory, but also persons “claiming
through or under” such signatory
Company, being one within a group of companies, can bind its
non-signatory affiliates or sister or parent concerns, if the
circumstances demonstrate that ... parties
was to bind both the signatories and the non-signatory affiliates. This
theory has been applied in a number of arbitrations
signatories are bound by the arbitration agreement. It is well settled
that in cases where the signatory is an agent of the principal (non-
signatory ... signatories to arbitrate by disregarding their corporate facade or
where the Courts have found the signatory to be an alter ego of the non-
signatory
Supreme
Court wherein it is categorically held that a non-signatory to
the agreement also can be proceeded with in arbitration
proceedings. It is submitted ... entire case law
on the subject, in principle held that, a non-signatory party
could be subjected to arbitration provided the transactions are
with group
non-signatory
affiliates or sister concerns if the circumstances demonstrate a mutual intention of
the parties to bind both the signatory and affiliated, non-signatory ... non-
signatory affiliates, if the circumstances are such as to
demonstrate the mutual intention of the parties to bind both
signatories and non-signatories