#Non-Signatory Arbitration

Bombay High Court rules that fresh arbitral proceedings after an award is set aside under Section 34 begin only upon issuance of a Section 21 notice, not retrospectively. Non-signatories can be impleaded only if prima facie evidence links them to the underlying contract, reinforcing the 'Group of Companies' doctrine in commercial arbitration.

The Bombay High Court has ruled that subcontractors cannot be bound by an arbitration clause from a main contract unless the clause is expressly incorporated with specific reference under Section 7(5) of the Arbitration and Conciliation Act. This clarifies consent requirements for non-signatories and impacts construction and infrastructure disputes where subcontracting is common.

The Supreme Court ruled that a collaborator, though not a direct signatory to the main contract, can invoke arbitration if bound by a Deed of Joint Undertaking integral to the contract's execution. This decision underscores that arbitrability hinges on substantive involvement rather than mere signature, impacting contractors, collaborators, and employers in complex bidding arrangements.

Calcutta High Court rules that a non-signatory company can be compelled to arbitration if it functions as the alter ego of a signatory partner, deriving benefits from the partnership. The court leaves joinder issues to the arbitral tribunal under Section 16 of the Arbitration and Conciliation Act, reinforcing the doctrine’s application in commercial disputes.