Dispute Resolution Hotline
September 16, 2019
India—Supreme Court holds non-signatory cannot be impleaded without establishing an intention to be bound by arbitration (Reckitt India v Reynders India)

This article was published in Lexis®PSL Arbitration on 24th July 2019


SUMMARY

In this piece, Sahil Kanuga and Siddharth Ratho of the International Dispute Resolution and Investigations practice analyze and discuss a recent decision of the Supreme Court in Reckitt Benckiser (India) Pvt. Ltd. vs. Reynders Label Printing wherein the principles expounded in Chloro Controls on whether a non-signatory affiliate of a party to an arbitration agreement can be impleaded and subjected to arbitration were revisited. The Supreme Court inter alia held that a non-signatory without any causal connection with the process of negotiations preceding the arbitration agreement could not be made party to the arbitration and that circumstances and correspondence post execution of an arbitration agreement could not bind a non-signatory.

 For the complete article, please click here.

 

– Siddharth Ratho & Sahil Kanuga

You can direct your queries or comments to the authors


Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

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Dispute Resolution Hotline

September 16, 2019

India—Supreme Court holds non-signatory cannot be impleaded without establishing an intention to be bound by arbitration (Reckitt India v Reynders India)


This article was published in Lexis®PSL Arbitration on 24th July 2019


SUMMARY

In this piece, Sahil Kanuga and Siddharth Ratho of the International Dispute Resolution and Investigations practice analyze and discuss a recent decision of the Supreme Court in Reckitt Benckiser (India) Pvt. Ltd. vs. Reynders Label Printing wherein the principles expounded in Chloro Controls on whether a non-signatory affiliate of a party to an arbitration agreement can be impleaded and subjected to arbitration were revisited. The Supreme Court inter alia held that a non-signatory without any causal connection with the process of negotiations preceding the arbitration agreement could not be made party to the arbitration and that circumstances and correspondence post execution of an arbitration agreement could not bind a non-signatory.

 For the complete article, please click here.

 

– Siddharth Ratho & Sahil Kanuga

You can direct your queries or comments to the authors


Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.