Cox & Kings Ltd. v. SAP India Pvt. Ltd. 2024 INSC 670 – Non -Signatory – Arbtiration

Arbitration & Conciliation Act, 1996; Section 11(6) – At the referral stage, the referral court should leave it for the Arbitral Tribunal to decide whether the non-signatory is bound by the arbitration agreement- Referred to Cox and Kings Ltd. v. SAP India Pvt. Ltd. 2023 INSC 1051 – [In this case, SC held: In view of the complexity involved in the determination of the question as to whether the respondent is a party to the arbitration agreement or not, we are of the view that it would be appropriate for the arbitral tribunal to take a call on the question after taking into consideration the evidence adduced before it by the parties and the application of the legal doctrine as elaborated in the decision in Cox and Kings ] (Para 31-34)

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