印度与公司集团主义的幽会：新黎明的结束还是开始？

Q3 Social Sciences

Arbitration International Pub Date : 2023-03-24 DOI:10.1093/arbint/aiad010

V. Singh, Abhijnan Jha, Abhisar Vidyarthi

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引用次数: 0

摘要

最近，在Cox & Kings Ltd.诉SAP India (P) Ltd(2022)一案中，印度最高法院对印度公司集团原则的教义成分和适用性提出了质疑。最高法院怀疑其先前判决的一贯路线的正确性，在这些判决中，公司集团原则被强烈接受为约束非签署方进行仲裁的工具。最高法院认为，公司集团原则似乎更多地是基于经济和便利，而不是基于法律，因此将有关该原则在印度的有效性和适用性的几个问题提交给更大的法院审议。本案例说明的目的是对最高法院的判决进行总结和评论。案件说明批判性地分析了最高法院提出的关切和问题。在此过程中，案例说明得出结论，根据1996年《[印度]仲裁与调解法》，存在和适用公司集团原则有充分的依据。

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India’s tryst with the group of companies doctrine: the end or the beginning of a new dawn?

Recently, in Cox & Kings Ltd. v. SAP India (P) Ltd (2022), the Supreme Court of India called into question the doctrinal ingredients and applicability of the group of companies doctrine in India. The Apex Court doubted the correctness of its consistent line of earlier decisions, wherein the group of companies doctrine had been strongly embraced as a tool to bind non-signatories to arbitration. Holding that the group of companies doctrine appears to have been based more on economics and convenience rather than law, the Supreme Court has referred several questions regarding the validity and applicability of the doctrine in India to a larger bench for consideration. The purpose of this case note is to summarize and comment on the judgment of the Supreme Court. The case note critically analyses the concerns and questions raised by the Supreme Court. In doing so, the case note concludes that there is sufficient basis for the existence and application of the group of companies doctrine under the [Indian] Arbitration and Conciliation Act, 1996.

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来源期刊

Arbitration International Social Sciences-Law

CiteScore

0.60

自引率

0.00%

发文量

期刊介绍： Launched in 1985, Arbitration International provides quarterly coverage for national and international developments in the world of arbitration. The journal aims to maintain balance between academic debate and practical contributions to the field, providing both topical material on current developments and analytic scholarship of permanent interest. Arbitrators, counsel, judges, scholars and government officials will find the journal enhances their understanding of a broad range of topics in commercial and investment arbitration. Features include (i) articles covering all major arbitration rules and national jurisdictions written by respected international practitioners and scholars, (ii) cutting edge (case) notes covering recent developments and ongoing debates in the field, (iii) book reviews of the latest publications in the world of arbitration, (iv) Letters to the Editor and (v) agora grouping articles related to a common theme. Arbitration International maintains a balance between controversial subjects for debate and topics geared toward practical use by arbitrators, lawyers, academics, judges, corporate advisors and government officials.