Podcast

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.

The Insurance Regulatory and Development Authority of India (IRDAI) released a circular entitled ‘Amendment of Arbitration Clause in General Insurance Policies’ which clarified the issue of arbitrability of insurance disputes by stating that arbitration clauses in insurance policies should only be used for commercial lines of business.