SC held that service of Section 21 notice and joinder in Section ...

Arbitration Proceedings: Party Joinder Based on Consent and Conduct, Not Strict Procedural Formalities Under Section 16

April 24, 2025

Case Laws Indian Laws SC

SC held that service of Section 21 notice and joinder in Section 11 application are not absolute prerequisites for impleading a party in arbitration proceedings. The arbitral tribunal's jurisdiction derives from consent under the arbitration agreement, and the tribunal must determine party status under Section 16 of the Arbitration and Conciliation Act. Non-signatory parties can be impleaded based on their conduct and contractual relationship, even if not originally named in the initial arbitration notice. The tribunal retains discretion to join parties who have effectively consented to be bound by the arbitration agreement through their actions.

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SC held that service of Section 21 notice and joinder in Section ...

Arbitration Proceedings: Party Joinder Based on Consent and Conduct, Not Strict Procedural Formalities Under Section 16

April 24, 2025

Case Laws Indian Laws SC

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