In the context of complex and multi-party transactions, the matter of whether non-signatories can be subject to an arbitration agreement has become increasingly contentious. On December 6, 2023, a constitution bench of five judges in the Supreme Court of India evaluated the validity and application of the “Group of Companies Doctrine” in the context of India.

Despite an earlier ruling, upon further review a seven-judge bench of the Supreme Court held that non-payment of stamp duty is a curable defect and unstamped contracts, though inadmissible as evidence, do not invalidate arbitration agreements.

Decided on 14 September 2023, High Court of Bombay In Parekh Plastichem Distributors v. Simplex Infrastructure, the High Court of Bombay considered conflicting arbitration clauses in purchase orders and invoices …

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