Arbitration analysis: The Indian Supreme Court (Supreme Court) has held that an arbitral tribunal can allow joinder of a party to the arbitration even if: (a) the notice of arbitration was not served on such a party, and (b) the party was not impleaded in the court proceedings where the court appointed the arbitral tribunal. The Supreme Court reaffirmed the principle that only an arbitral tribunal is entitled to rule on its jurisdiction over a party under section 16 of the (Indian) Arbitration and Conciliation Act, 1996 (A&C Act) and an application for joinder of such party. An arbitral tribunal is required to decide the said issues by examining whether the non-signatory consented to the arbitration agreement. Written by Shruti Dhonde (member), Adimesh Lochan (member) and Vyapak Desai (head) of the International Dispute Resolution and Investigations Practice at Nishith Desai Associates.
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