The Validity Of The ‘Group Of Companies’ Doctrine
27/Apr/2021, 11:16 AM, Authored by Hiroo Advani, Kanika Arora & Surbhi Ahuja
One of the most important facets of arbitration is mutual consent of the disputing parties to resort to arbitration as means of resolution of disputes. In fact, requirements for a valid arbitration agreement are also expressly provided for under Section 7 of the Arbitration & Conciliation Act, 1996 (“the Act”). In other words, for a valid arbitration agreement to exist, there must be consensus ad idem, which simply means that the contracting parties must have the common intention to take the dispute to an arbitral tribunal to claim relief.